Summary: We will not investigate Miss X’s complaint about a council tax summons issued to Mrs X. This is because Mrs X could appeal.

The complaint

1. Miss X complains the Council sent a council tax summons to her mother Mrs X, causing her distress. Miss X says her mother is vulnerable and the Council unfairly added summons charges on unpaid council tax of £27.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B)).

3. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

5. I considered information provided by Miss X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My Assessment

7. Mrs X left her former address in January 2025. The Council sent a council tax bill for the week after she had left because her landlord said her tenancy had not yet ended and she was still liable.
8. The Council says it sent a payment reminder, warning it would issue a summons after 14 days if the debt remained unpaid. It later issued a summons adding costs of £28.
9. Miss X complained the Council sent a summons less than a month after the initial bill. She said she had now paid the council tax but not the summons cost. She said the Council was unreasonably demanding money from her disabled mother.
10. In its response to Miss X’s complaint the Council explained the reasons for the bill. It said it had sent a reminder, and it explained the reasons for this to Miss X. It then sent a summons when Mrs X did not pay. It noted Miss X had then paid the council tax due, and it said it had now removed the summons charge.

Analysis

11. Decisions about council tax liability can be appealed to the Valuation Tribunal. I see no reason why an appeal could not be made in this case and so this part of the complaint is out of jurisdiction.
12. There is not enough evidence of fault in the Council’s handling of the matter and investigation of this would not lead to a different outcome. The Council has removed the summons charge and there is no remaining significant injustice, therefore I will not investigate.

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Final decision

13. We will not investigate Miss X’s complaint because Mrs X had a right of appeal.

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Investigator's decision on behalf of the Ombudsman