Royal Borough of Kingston upon Thames (25 007 239)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 27 Oct 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a council tax summons. This is because there is insufficient evidence of fault by the Council to warrant an investigation, and further investigation would not lead to a different outcome.
The complaint
- Mr X complains the Council did not send a letter requesting information for his council tax reduction claim and then gave misleading information before issuing a summons for council tax arrears. He says this caused him distress, financial difficulty and damaged his reputation.
The Ombudsman’s role and powers
- 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
- we cannot achieve the outcome someone wants, or
- further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council. I considered the Ombudsman’s Assessment Code.
My assessment
- The Council reviewed Mr X’s council tax reduction in November 2024. The Council sent Mr X a council tax reminder. Mr X contacted the Council and says it told him he did not need to worry. But it then sent him a summons adding costs. Mr X was distressed and paid the full council tax summons. The Council later paid a council tax reduction putting Mr X in credit.
- Mr X complained he did not receive the Council’s information request. It also misled him when it told him not to worry. The summons caused him distress and financial difficulty. He asked for a refund and an apology for the stress caused.
- The Council said it did not have evidence it had posted an information request. It said it could have advised him of the council tax recovery status. It apologised and confirmed it had withdrawn the summons and refunded the payment in full.
- Mr X complained further an apology and refund was not enough for the distress, and financial and reputational consequences. He asked for a payment of £500.
- The Council replied there was no reason to believe it had not sent the further information letter in the usual way. It said an officer did not advise Mr X not to worry. Its bills state customers should continue to pay while waiting for council tax reduction claim to be assessed. It refused to pay a financial remedy.
- There is insufficient evidence of fault by the Council to justify an investigation. And further investigation would not lead to a different outcome.
Final decision
- We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council to justify an investigation. Further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman