Summary: We will not investigate this complaint about the issuing of a council tax summons as it is unlikely we will find fault by the Council.

The complaint

1. Ms X complains the Council sent her a summons for overdue council tax when, she says, it had not sent her reminder notices beforehand. Ms X says this caused her stress and to feel depressed and that she is unhappy about the summons’ costs added to her account.

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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))

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How I considered this complaint

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

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My assessment

5. The Council sent Ms X copies of the reminder notices it sent to her. It explained that the letters were not returned by Royal Mail so were deemed to have been delivered.
6. I recognise that Ms X remains unhappy to have not received reminder notices, but we will not investigate as it is unlikely we will find fault by the Council. Under relevant law, such notices are sent by post and are deemed to have been served if properly addressed, postage paid and posted. The Council is not required to use recorded delivery and is not responsible for failings in the delivery service.

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Final decision

7. We will not investigate Ms X’s complaint because it is unlikely we will find fault by the Council.

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Investigator's decision on behalf of the Ombudsman