Summary: We will not investigate this complaint about action taken to recover unpaid Council Tax. This is because there is not enough evidence of fault to justify investigating.

The complaint

1. Mr X complains the Council unfairly pursued outstanding Council Tax payments.
2. He says the Council has repeatedly threatened court action and this is unfair because he has made regular payments and always been in credit by the end of the financial year.
3. He says sending reminder notices over small shortfalls has caused pressure and distress and affected his mental health.
4. He would like the Council to allow him to pay his Council Tax on a date he chooses and only send reminder notices in cases of non-payment or significant arrears.

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The Ombudsman’s role and powers

5. 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))

6. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

9. Mr X complained the Council had sent reminder notices for small shortfalls and when payments were made after the due date.
10. He said there is no legal obligation to pay on a date chosen by the Council.
11. The Council has a statutory duty to collect Council tax. It explained each instalment is part of the annual Council tax bill. Taxpayers must therefore pay each instalment by the due date. There is not enough evidence of fault on the part of the Council to justify our involvement.
12. The Council explained it is required to issue reminder notices when payment is due. It said notices tell tax payers when payment is due and that further action could be taken. They are not intended to cause harassment. There is not enough evidence of fault on the part of the Council to justify our involvement.
13. The Council explained Mr X could pay on the date he requested if he sets up a direct debit.

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Final decision

14. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify investigating.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman