Summary: We will not investigate Ms X’s complaint about council tax summonses and the Council’s recovery action. This is because there is not enough evidence of fault and we cannot investigate the summonses and liability order hearings.

The complaint

1. Ms X says she tried to make a payment arrangement with the Council and that she told it she was vulnerable and suffering hardship. Ms X says the Council told her it would pause recovery and would not send a summons. However, it sent two summonses and passed the account to its enforcement agent. Ms X says she wanted to challenge the summons, but the Council prevented her from attending the liability order hearing.

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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. Ms X complained to the Council regarding the matters in paragraph 1.
6. The Council replied explaining:
• its system sent reminders automatically when a customer missed a payment.
• the reasons for the two summons it sent.
• it sent the summonses on behalf of the court and the court was responsible for arranging attendance by video link.
• it provided information in May 2025 about the benefits, advice and support available in response to Ms X’s communication regarding financial hardship.
7. We cannot investigate the issued of the summons and the liability order hearings. This is because the summons is the start of court action as explained in paragraph 3. We cannot investigate what happened in court at the liability order hearing including the arrangements for attending remotely.
8. There is not enough evidence of fault by the Council to warrant investigation before the issue of the summons. The Council sent the required reminders and Ms X was aware she had missed a payment. The Council provided information about support available having noted Ms X’s financial difficulties.
9. There is not enough evidence of fault that the Council ignored Ms X’s vulnerability to warrant investigation. There is not enough evidence Ms X advised the Council she was vulnerable. Ms X can provide information to the Council’s enforcement agent for it to consider.

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Final decision

10. We will not investigate Ms X’s complaint because there is not enough evidence of fault and we cannot investigate the court proceedings.

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Investigator's decision on behalf of the Ombudsman