The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council was wrong to take recovery action about Mrs X’s council tax account that was in arrears. This is because there is not enough evidence of fault by the Council.
The complaint
Mrs X complains about the Council’s decision to take recovery action for unpaid council tax. Mrs X feels this was unfair and the Council ought to have rolled over the payments to the following year.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council sent Mrs X a reminder notice after she had failed to pay two council tax instalments and asked her to pay an amount to bring the account up to date. Mrs X only paid half the amount required and so the Council took recovery action.
While I recognise Mrs X remains unhappy with this, there is insufficient evidence of fault by the Council, and it was entitled to proceed as it did. We cannot therefore be critical of its actions, and we will not investigate.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault by the Council to warrant our involvement.
Investigator's decision on behalf of the Ombudsman