Summary: We will not investigate this complaint about the Council’s failure to notify Miss X before referral to enforcement. This is because an investigation would be unlikely to find fault with the Council’s actions. In addition, it would be reasonable for Miss X to refer her complaint to the Valuation Tribunal.

The complaint

1. Miss X complained the Council did not notify her about arrears on her council tax account before passing the account for recovery action.

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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, or
• there is another body better placed to consider this complaint.

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

3. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

4. I considered information provided by Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X complained the Council failed to notify her about arrears built up on her council tax account before referring the debt to an enforcement agency. She also said the Council failed to provide a breakdown of the debt owed.
7. The Council said it sent statutory notices and reminder letters several years ago at the time the debt accrued, meaning it was not required to notify Miss X before taking recovery action. It provided details of the accounts with arrears and provided a summary of the money owed.
8. Miss X wants us to find the Council at fault. The evidence shows the Council has provided a full and comprehensive response which outlines which accounts are in arrears and why they have been referred for debt collection. There is no evidence of fault in the Council’s actions. If Miss X disputes her liability for the arrears, it is open to her to pursue this with the Valuation Tribunal.

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Final decision

9. We will not investigate Miss X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman