The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council issuing a summons for unpaid Council Tax on Mr X’s account. This is because an investigation would be unlikely to find fault with the Council’s actions.
The complaint
Mr X complained the Council wrongly issued a court summons for unpaid council tax.
The Ombudsman’s role and powers
We investigate 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 continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complained after the Council issued a court summons for unpaid council tax. He said the Council should have issued two reminders before issuing a final notice.
The Council told Mr X he had underpaid an instalment, then paid a second instalment late without making a formal agreement with the Council. The Council explained it was only required to issue one reminder before moving to final notice.
Mr X wants us to find the Council at fault. The Council has advised Mr X correctly regarding its management of his council tax account. An investigation would therefore be unlikely to find fault with its actions.
Final decision
We will not investigate Mr X’s complaint because an investigation would be unlikely to find fault with the Council’s actions.
Investigator's decision on behalf of the Ombudsman