Summary: We will not investigate this complaint about a council tax recovery matter. This is because the Council has taken appropriate action. We cannot investigate court action.

The complaint

1. Ms X says the Council promised to put its summons for council tax arrears on hold when she advised she had made payment. However, the Council continued action and obtained a liability order adding further costs of £15.

Back to top

The Ombudsman’s role and powers

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).
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).

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Mr X complained to the Council regarding the matters in paragraph 1.
6. The Council replied that Ms X’s cheque had not had time to clear before it issued its summons. The Council said the summons was correct and had already been issued incurring costs of £117.50. The Council then obtained a liability order. However, it accepted its officer had said she would hold further action, but did not do so.
7. The Council apologised to Ms X for its delay in processing her cheque and for advising it would hold recovery. It said it would ensure it provided training for its officers. It also agreed to refund the summons and liability order costs.
8. We cannot investigate court matters including the issue of the summons and the liability order hearing as ai explain in paragraph 2.
9. However, we can consider the Council’s actions before the issue of the summons. The Council accepts that there was delay in processing Ms X’s cheque. This was paid just before the summons.
10. We will not investigate this complaint because the Council has taken appropriate action by refunding the summons and liability order costs. The Council has also apologised and confirmed it has taken steps to prevent the fault occurring again. This is a suitable remedy.

Back to top

Final decision

11. We will not investigate Ms X’s complaint because the Council has taken suitable action and we cannot investigate court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman