Summary: We will not investigate this council tax complaint because the Council has provided a fair response.

The complaint

1. The complainant, Mr X, says the Council wrongly made him liable for council tax and did not withdraw a summons as agreed, leading to a liability order. Mr X wants an apology, compensation and for the Council to apply to have the liability order set-aside.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I considered information provided by Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. Mr X left a property in late November. The Council sent him a council tax bill until late December. It said he was liable until then because his tenancy did not end until late December. However, even though the Council made Mr X liable until late December, it decided he would find it hard to pay two lots of council tax and it wrote off the balance of £208.
5. In the interim the Council had issued a summons for council tax arrears. The Council said it would withdraw the summons because it had waived the arrears. The Council did not withdraw it, or immediately waive the council tax, and Mr X received a liability order. In response to his complaint the Council apologised and said it would stop all recovery action and write off the arrears and costs.
6. Mr X continues to dispute the council tax liability for the period after he moved out and complains about the liability order.
7. I asked the Council to apply to the court to set aside the liability order. The Council agreed.
8. I will not start an investigation because the Council has provided a satisfactory response. Mr X continues to dispute the period of council tax liability but the Council waived the charge which means I do not need to consider this further. In addition, the Council responded appropriately by apologising for issuing the summons, withdrawing it and the costs, and it will now apply to have the liability order set-aside. These actions put Mr X back in the position he would have been in had the error not occurred.
9. Mr X has not suffered a financial loss but instead has benefited by the removal of the council tax charge for December. I acknowledge Mr X disputes the charge but, at the time the Council waived it, the liability remained.
10. In view of the removal of the council tax charge and the Council’s response to its failure to withdraw the summons, there is nothing outstanding that requires an investigation or compensation.

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Final decision

11. We will not investigate this complaint because the Council has provided a satisfactory response.

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Investigator's decision on behalf of the Ombudsman