Summary: We will not investigate this complaint about the Council’s council tax enforcement action. This is because there is either not enough evidence of fault by the Council or no significant remaining injustice that warrants investigation. We cannot investigate court proceedings.

The complaint

1. Mr X says the Council incorrectly and unlawfully pursued recovery action for council tax after he had left a property. He said he did not receive the council tax summons despite advising the Council of his new address. He had also asked for a discretionary reduction in his council tax. He says enforcement agents visited his home without a valid signed liability order. This caused him distress and anxiety.

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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:

• there is not enough evidence of fault to justify investigating, or
• any injustice is not significant enough to justify our involvement, (Local Government Act 1974, section 24A(6), as amended, section 34(B)).

3. 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

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

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My assessment

5. Mr X complained to the Council regarding the matters in paragraph 1.
6. The Council replied setting out the council tax notices sent before it issued a summons and obtained a liability order. It then passed the account to its enforcement agent. The Council said its actions and the added costs were procedurally correct. However, having fully considered Mr X’s circumstances it had now awarded discretionary council tax relief which meant here was no outstanding balance. It withdrew the account from its agent.
7. We will not investigate this complaint because there is not enough evidence of fault by the Council or its agent to warrant investigation. The Council sent the correct notices before the summons.
8. Mr X complained he did not receive the Council’s summons because it was sent to the wrong address. He also said the agents did not provide the liability order. We cannot investigate the issue of the summons or the liability order hearing because these are court proceedings as set out in paragraph three. Enforcement agents are not required to provide a copy of a signed liability order when pursuing recovery.
9. I note that the Council has used its discretion to reduce Mr X’s council tax to nil. Therefore, even if we were to assess there was enough evidence of potential fault to investigate, there is no outstanding significant injustice which warrants investigation.

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Final decision

10. We will not investigate Mr X’s complaint because there is either not enough evidence of fault or significant injustice to warrant investigation. We cannot investigate court proceedings.

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Investigator's decision on behalf of the Ombudsman