Summary: We will not investigate this complaint about the Council’s handling of Ms X’s council tax. This is because there is not enough evidence of fault to require an investigation. We cannot investigate the issue of a summons because it is outside our jurisdiction.

The complaint

1. Ms X complains the Council unfairly issued a summons and passed the account to enforcement agents when she had tried to communicate with it to make an arrangement. She says the Council has added costs and this has caused her distress and hardship.

Back to top

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. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended).

Back to top

How I considered this complaint

4. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Ms X complained the Council had sent a summons for council tax arrears due to a late payment. She said she had tried to contact the Council, an officer was rude and the added fees were unfair.
6. The Council’s response to Ms X stated it had sent two reminders before the summons and followed the correct process. It had explained the reasons for the increase in her council tax. It offered to make an arrangement but Ms X did not do so before the account was passed to its enforcement agent.
7. In its final response the Council upheld its earlier response. However, it noted Ms X had never missed a payment before. It agreed to recall the debt from its agents. It removed the enforcement fee and said it would discuss and affordable payments arrangement. But did not agree to remove summons costs.
8. The Ombudsman cannot consider the issue of the summons as that is the start of court proceedings as set out in paragraph 3. I have not seen sufficient evidence of fault by the Council to start an investigation regarding its actions before the issue of the summons and after. The Council has followed the correct procedures. The Council has considered Ms X’s circumstances and recalled the account from its agents and is willing to make an arrangement.

Back to top

Final decision

9. We will not investigate Ms X’s complaint because there is not enough evidence of fault by the Council to justify an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman