The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s failure to correct a bank mistake regarding a council tax payment. The issue has now been resolved, but we could not in any event investigate the Council taking court action because of what happened.
The complaint
Mr A says he paid his Council tax in full on 1 October 2021. However, he says the bank put the wrong reference number on the payment. This was reported to the Council, but it failed to correct this, held on to the money without returning it to the bank, and obtained a liability order instead, causing Mr A distress.
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 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)
How I considered this complaint
I considered information provided by the Mr A and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council says the payment has been allocated to Mr A’s account and the liability order was withdrawn on 30 November 2021.
The key action causing Mr A injustice was, however, the Council seeking a liability order, which happens in court.
Final decision
We cannot investigate Mr A’s complaint because, although we understand the issue has been resolved, we could not in any event investigate the taking of court action.
Investigator's decision on behalf of the Ombudsman