Summary: We will not investigate this complaint about a council tax discount and a council tax summons. There is not enough evidence of fault to warrant investigation. Mr X can appeal the discount decision, and we cannot investigate court proceedings.

The complaint

1. Mr X says the Council unfairly issued a summons while he was waiting for it to consider his single person discount request. He says the Council ignored his payments and that he actively engaging with it. He also says the Council’s decision to refuse the discount is not correct.

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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)
4. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
5. 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

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

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My assessment

7. Mr X complained to the Council regarding the matters in paragraph 1.
8. The Council replied the law did not require it to pause recovery while it considered a discount application. The summons and costs were correctly issued. It explained the reasons why it refused the discount. It gave details how Mr X could appeal to the Valuation Tribunal.
9. There is not enough evidence of fault by the Council before it issued the summons to warrant investigation. While there was some delay, the Council advised Mr X he needed to pay as billed to avoid a summons.
10. We cannot investigate the issue of the summons or the costs added. The summons is the start of court proceedings as I explain in paragraph 3.
11. It is reasonable to expect Mr X to appeal to the Valuation Tribunal if he disagrees with the Council’s decision.

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Final decision

12. We will not investigate Mr X’s complaint because there Is not enough evidence of fault. We cannot investigate the summons and Mr X can appeal the Council’s decision on the discount.

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Investigator's decision on behalf of the Ombudsman