Summary: We will not investigate this complaint about the Council’s application for a liability order regarding the recovery of unpaid council tax. This is because there is insufficient injustice to Mr and Mrs X to warrant investigation.

The complaint

1. Mr and Mrs X complained the Council applied for a liability order for unpaid council tax despite there being no debt on the account. They also said the Council told them there was a court hearing regarding the debt, but they dispute this.

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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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr and Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr and Mrs X complained the Council sent them a summons and applied for a liability order regarding unpaid council tax on their account. They said there was no debt on the account. They also complained the Council did not retain a copy of the summons and disputed that a court hearing took place to obtain the liability order.
6. The Council told Mr and Mrs X that it sent two reminders after they paid their council tax instalments late. When the Council did not receive a response and they continued to make late payments, they lost the right to pay in instalments and the full balance became due. The Council said it sent a summons and later applied for liability order in court when it did not receive the full balance.
   The Council said it was not legally required to retain a copy of the summons.
7. Following Mr and Mrs X contacting the Council, the Council chose not to enforce the liability order and cancelled all associated costs as a goodwill gesture.
8. Mr and Mrs X remain unhappy with the situation and wants us to find the Council at fault. It would have been best practice for the Council to retain a copy of the summons. However, the evidence shows the Council has confirmed why it sent the summons and applied for the liability order. It then suspended the enforcement action when it received contact from Mr and Mrs X. I understand Mr and Mrs X dispute that the hearing took place, but I cannot see that this matter has caused Mr and Mrs X a significant injustice given the Council has stopped recovery action and cancelled any enforcement fees. The Ombudsman will not investigate complaints where there is insufficient personal injustice to warrant investigation.

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Final decision

9. We will not investigate Mr and Mrs X’s complaint because there is insufficient injustice to warrant investigation.

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Investigator's decision on behalf of the Ombudsman