Summary: We will not investigate this complaint about the Council’s handling of Mr X’s council tax payments. This is because there is not enough evidence of fault regarding the payments. There was delay in updating Mr X’s address, but the Council took appropriate action.

The complaint

1. Mr X complains the Council failed to properly allocate payments he made for council tax. He says the Council then issued two council tax summonses without warning. This caused distress and frustration.

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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 investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), 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. Mr X’s representative, Mr Y, complained on his behalf to the Council from February 2025.
6. The Council replied setting out the payments it had received from Mr X and how they were allocated. Mr X had used the wrong reference, but this payment was transferred during the complaint process to the correct account. The Council withdrew the first summons while it was investigating the complaint. The Council then offered an instalment arrangement to Mr X to pay the arrears.
7. However, Mr X did not make the equired payments and it sent a reminder and then a summons. When Mr X complained further, the Council accepted that it had delayed updating Mr X’s address. It apologised for this and withdrew the summons.
8. We will not investigate this complaint because there is not enough evidence of fault by the Council regarding its handling of the payments Mr X made. The Council has looked into the complaint about missing payments and explained how it allocated payments.
9. We will not investigate the notices sent before the summons issued to Mr X. This is because the Council has explained the notices it sent, and where it accepted it delayed updating Mr X’s address, it has withdrawn the summons. The Council has also apologised for its delay. This is a suitable remedy in view of the circumstances, and we would not seek a further remedy.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant investigation into the payments issue. The Council has taken suitable action in view of its delay updating Mr X’s address.

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Investigator's decision on behalf of the Ombudsman