Summary: We will not investigate this complaint about the Council’s handling of Mr X’s council tax bill. This is because we could not add to the Council’s investigation, and we cannot achieve the outcome Mr X would like.

The complaint

1. Mr X complains the Council issued a court summons for his council tax bill in error. This affected his wife’s mental health and made her unwell.
2. Mr X would like compensation for the distress and injury suffered.

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The Ombudsman’s role and powers

3. 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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

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

4. The law says we cannot normally investigate a complaint when someone could take the matter to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

7. Mr X moved home and informed the Council.
8. Due to human error Mr X’s council tax accounts were not linked and the Council issued a court summons for unpaid council tax at his previous address.
9. The Council then realised its mistake and revoked the court summons, but Mr X says the Council did not communicate this with him.
10. Mr X found out a few days before he was due to appear in court that the summons was revoked, and made a complaint to the Council.
11. The Council apologised in its complaint response, and said the issue was raised with staff to ensure it does not happen again. Mr X complained the response was late, and wants compensation for the distress caused to him and his wife by the Council issuing a court summons.
12. Compensation is a matter for the Courts and not something the Ombudsman provides. The Council accepted there was fault and apologised. We could not add to the investigation the Council has undertaken.
13. It is not a good use of public resources to investigate complaints about complaint procedures if we are unable to deal with the substantive issue.

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Final decision

14. We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome, and we cannot achieve the outcome that he seeks.

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Investigator's decision on behalf of the Ombudsman