Summary: We will not investigate this complaint about a council tax summons and recovery action. This is because there is not enough evidence of fault by the Council to warrant investigation. We cannot investigate the issue of the summons.

The complaint

1. Mr X says he had arranged for his landlord to forward his mail to him after he moved abroad. However, the Council sent council tax notices to his old address. These letters were returned to the Council as undelivered. The Council then sent a summons knowing he was not resident. The Council started enforcement action adding significant fees.

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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 (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).

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How I considered this complaint

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

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My assessment

5. Mr X complained to the Council regarding the matters set out in paragraph 1.
6. The Council replied that Mr X had not left a forwarding address. It was not the landlord’s responsibility to provide this information. The Council was not required to locate his new address. The Council correctly sent correspondence to his last known address. The Council did not uphold Mr X’s complaint.
7. There is not enough evidence of fault by the Council to warrant investigation because it sent notices and took enforcement action in accordance with council tax legislation.
8. We cannot investigate the issue of the court summons as this is the commencement of court proceedings and is outside our jurisdiction.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council to warrant investigation. We cannot investigate the summons as it is the start of court action.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman