Summary: We will not investigate this complaint about a council tax summons. This is because the complaint is late. And we cannot investigate court proceedings. There is not enough evidence fault in the attachment of earnings recovery action.

The complaint

1. Mr X complains about contradictory information regarding a summons the Council issued in 2022. He also complains the Council pursued recovery via an attachment of earnings which caused distress and hardship.

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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 late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended).
4. 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

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

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My assessment

6. Mr X complained to the Council regarding the matters in paragraph 1.
7. The Council replied to Mr X explaining the reasons for the liability order hearing court change in 2022. The Council also explained the reasons why it had applied the attachment of earnings for the 2022 and 2025 liability orders. The Council invited Mr X to complete a statement of means so that it could consider whether to change the deductions.
8. Mr X’s complaint regarding the 2022 liability order is late and there are no good reasons for this. We will not investigate this late complaint. In addition we cannot investigate the summons or the liability order hearing as these are part of the court action as stated in paragraph 3.
9. There is not enough evidence of fault to warrant investigation into the attachment of earnings in 2025. The Council said it gave Mr X opportunities to make payment arrangements. The Council offered to consider Mr X’s statement of means.

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Final decision

10. We will not investigate Mr X’s complaint because part of it is late and we cannot investigate court proceedings. There is not enough evidence of fault to warrant investigation into the complaint about the attachment of earnings.

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Investigator's decision on behalf of the Ombudsman