Reigate & Banstead Borough Council (25 020 408)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 14 Apr 2026

The Ombudsman's final decision:

Summary: We will not investigate this complaint about a council tax summons. This is because there is not enough evidence of fault by the Council to warrant our involvement, and we cannot investigate court proceedings.

The complaint

  1. Mr X says the Council unfairly sent him a summons for council tax when it had recently advised him there would be no added charges. He said he did not delay paying the correct amount.

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The Ombudsman’s role and powers

  1. 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)).
  2. 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

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

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My assessment

  1. Mr X complained to the Council regarding the matters in paragraph 1.
  2. The Council replied that it had sent Mr X a bill for the empty property in August 2025. It then sent a reminder, and on 6 October 2025 a summons, adding costs of £56.50. The Council emailed Mr X on 9 October when he questioned the costs. It explained the costs and said if Mr X paid in full it would not progress to seeking a liability order in court.
  3. On 15 October Mr X paid for 6 weeks council tax but did not pay the summons cost. He emailed the Council saying he did not know what the costs were for. The Council emailed and explained the costs. On 27 October the Council obtained a liability order, adding £48 costs. This left £104 outstanding. The Council did not uphold Mr X’s complaint.
  4. We will not investigate this complaint because there is not enough evidence of fault by the Council to warrant our involvement regarding its actions before the issue of the summons. The Council sent the appropriate notices and reminders.
  5. We cannot investigate the Council’s actions including the issue of the summons and the liability order hearing as this relates to court proceedings. The Council explained the reasons for the summons costs before Mr X made payment. After his payment it confirmed the costs were payable. The Council then progressed recovery to obtaining a liability order.

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Final decision

  1. We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant investigation and we cannot investigate court proceedings.

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Investigator's decision on behalf of the Ombudsman

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