Summary: We will not investigate this complaint about a council tax summons and costs. This is because we cannot investigate court proceedings. There is not enough evidence of fault before the summons and in other matters to warrant investigation.

The complaint

1. Ms X complains the Council was wrong to issue a council tax summons and add the costs for this and a liability order because she had paid. She said the Council:
• unfairly sought payment of the full outstanding council tax.
• Was wrong to continue the liability order proceedings.
• failed to take into account her caring responsibilities, her disability and her health difficulties.
• delayed responding to her complaint.

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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 and the Council. 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 said that
• Ms X had not paid in accordance with instalments in its bill. She had paid late or had not paid enough.
• It sent a reminder in June and then in July asking her to bring her payments up to date. As she did not do so, the Council sent a summons at the end of July.
• It replied to Ms X’s query about a reminder. It explained the reasons for the reminder and summons. It set up a payment arrangement to enable her to continue paying monthly.
• The Council said it would remove the summons and liability order costs at the end of the instalment period if Ms X paid in accordance with the arrangement.
7. We cannot investigate the summons and the liability order hearing as explained in paragraph 3. The issue of the summons is the start of court proceedings, and we cannot investigate what happened during the court action including requests for adjournment.
8. We will not investigate the Council’s action before the summons or regarding other matters because there is not enough evidence of fault by the Council to warrant investigation. The Council explained Ms X had not paid on time or in accordance with the instalments. The Council advised Ms X about support she could access, it also offered to remove the costs at the end of the payment period if Ms X paid in accordance with the arrangement.

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Final decision

9. We will not investigate Ms X’s complaint because we cannot investigate court proceedings. There is not enough evidence of fault by the Council to warrant investigation into other matters.

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Investigator's decision on behalf of the Ombudsman