Buckinghamshire Council (26 003 921)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 04 Aug 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax enforcement because there is insufficient evidence of fault by the Council and there is a legal remedy.
The complaint
- Ms X complains that the Council failed to properly notify her that a Council debt existed and was to be enforced.
The Ombudsman’s role and powers
- We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says that she received a Liability Order for the Council for a debt related to a property she had tenanted. She says that neither she or her agent were sent documents from the Council related to the debt so she could not defend the Liability Order or pay the amount to avoid the costs.
- The Council confirms that the summons and Liability Order were sent to the agent (as the person named on the Council’s record). Whilst it cannot account as to why the documents may not have been received, it points out that the law only requires proof of sending; it is not fault by the Council if it is not received.
- Ms X can appeal to the courts if she believes that she was not properly notified of a Liability Order. I can consider that this remedy was reasonably available to her and so the complaint is out of jurisdiction.
Final decision
- We will not investigate Ms X’s complaint because there is insufficient evidence of fault by the Council and there is a legal remedy.
Investigator's decision on behalf of the Ombudsman