Summary: We will not investigate this complaint about the Council’s handling of Mr X’s council tax account. There is not enough evidence of fault to justify investigating. Part of the complaint is premature as the Council has not had an opportunity to consider it.

The complaint

1. Mr X complains the Council failed to take account of his disability and mental health when seeking recovery of council tax. He says the Council did not consider his reasonable adjustments. He says he tried to engage and offered to pay £20 per month but the Council ignored this and issued a court summons unfairly. He complains that staff were aggressive and intimidating. This caused stress and anxiety. He wants the Council to withdraw the summons and costs, record his disabilities and agree reasonable adjustments.
2. Mr X also complains the Council cancelled a payment arrangement for no reason and sent a letter about enforcement action. He says it then changed the agreed payment amount for no reason.

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The Ombudsman’s role and powers

3. 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)).
4. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6).

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How I considered this complaint

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

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My assessment

6. Mr X complained to the Council regarding the matters in paragraph 1.
7. The Council replied it had sent bills and reminders to Mr X by email, but he had not paid the council tax due. The Council then sent a final notice by post as required by law before sending the summons. It said it had recorded his disability and held recovery several times to allow Mr X to complete an exemption form. and again when he contacted it. The Council said it had no record that Mr X discussed payment arrangements with it. It found no evidence that officers were aggressive or gave contradictory advice.
8. We will not investigate this complaint because it is unlikely that we would find enough evidence of fault by the Council to warrant investigation. The Council said it took account of Mr X’s disability and paused recovery. It explained why it then continued recovery and that it did this in accordance with council tax legislation.
9. Mr X also complained to the Ombudsman regarding the matters in paragraph 2. The Council has not considered these new complaints. It would be reasonable to allow the Council an opportunity to respond to these matters before submitting a complaint to the Ombudsman.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council to justify investigation.

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Investigator's decision on behalf of the Ombudsman