The Ombudsman's final decision
Summary: We will not investigate this complaint about the way the Council handled the complainant’s council tax arrears. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, complains the Council mishandled his council tax which caused an unlawful liability order and costs. Mr X wants the Council to remove the costs, pay compensation and issue a revised payment plan.
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 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 Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.
My assessment
The law says people must pay their council tax as billed. If a payment is missed the Council can issue a reminder. If the account is not brought up to date within seven days, as stated on the reminder, the Council can require payment of all the remaining council tax and serve a summons. The reminder explains what will happen if the person does not pay. If the person pays the reminder, but misses another instalment, the Council will issue a second reminder. No further reminders are issued and a second reminder is only issued if the person had complied with the first reminder.
Since 2020 Mr X has made a series of late or missed payments. The Council has issued reminders, which Mr X did not pay, and in September 2021 it issued a court summons for £1812. The summons told Mr X how he could challenge the application by video link to the court.
The Council also offered payment plans and said that if Mr X kept to the plan it would withdraw the court costs. However, Mr X broke both the payment plans and the account was referred back to bailiffs. Mr X has since paid the arrears. The Council will not take further action if he pays his current council tax as billed.
Mr X says the Council did not issue the reminders correctly. He says there was a problem with the on-line payment system in late 2021 and the Council ignored his request for a manageable payment plan. He says the Council did not give him an opportunity to defend the application for a liability order.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. Many of Mr X’s instalments, since 2020, were either not made or were late. He did not bring his account up to date following the reminder so there was no fault in the Council issuing a summons. The Council was only required to issue one reminder, and then a summons, because Mr X did not pay in accordance with the reminder.
That said, the Council has apologised because an officer incorrectly told Mr X he would get another reminder and the Council agrees it could have communicated more effectively with Mr X and, at one point, did not give him enough time to pay. As a consequence the Council set up two payment plans which, if maintained, would have led to the Council withdrawing the costs. In addition, while the Council agrees there were problems with online payments in early December, the payment plan started after this date and there were other ways Mr X could have made the payments.
Mr X says he was not given a chance to defend the summons. He says he would have been able to prove to the court the Council had not complied with the law. But, the summons gave clear information how Mr X could participate in the court hearing so he could have raised a defence.
Mr X has now paid the arrears so has no need of a revised payment plan and there is nothing to suggest either an investigation or compensation is needed.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman