Birmingham City Council (25 028 906)
The Ombudsman's final decision:
Summary: We will not investigate this complaint that the Council wrongly issued Mr X with a council tax summons as I am satisfied the Council’s subsequent actions have remedied the injustice that arose from this.
The complaint
- Mr X complains the Council wrongly issued him with a summons and a payment plan for council tax at his previous address. Mr X says this caused him distress and anxiety.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In its complaint responses, the Council explained to Mr X what had gone wrong and apologised to him for it. As it had withdrawn the summons within six days, it did not consider Mr X’s case warranted a financial payment.
- I recognise Mr X remains unhappy, but we will not investigate as I am satisfied the Council’s apology and swift remedial action provides a satisfactory remedy for the injustice in this case.
Final decision
- We will not investigate Mr X’s complaint because I am satisfied with the actions the Council took to remedy the injustice arising from it.
Investigator's decision on behalf of the Ombudsman