The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s failure to respond to Miss X’s request to amend her council tax payment date and its decision to issue a final notice and court summons due to unpaid council tax. This is because there is insufficient injustice to warrant an investigation.
The complaint
Miss X complained the Council failed to respond to her request to amend her council tax payment date and later sent her a final notice and court summons for unpaid council tax.
She said this caused her distress and upset.
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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B)
How I considered this complaint
I considered information provided by Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X asked the Council to change the payment date she pays her council tax but did not receive a response for 4 months. She then received a final notice and a court summons for unpaid Council tax.
Miss X complained and the Council cancelled the summons and court costs.
The Council apologised for failing to respond to her request but explained that she had missed several council tax payments and forfeited the right to pay her council tax in instalments which is why it sent the final notice and summons. The Council agreed to change the payment date and confirmed Miss X would not have to attend court.
Miss X remains unhappy with the Council’s actions and wants us to find it at fault. The Ombudsman will only investigate complaints where the injustice suffered is significant. The evidence shows the Council failed to respond to her initial request for several months. However, any fault did not cause Miss X a significant injustice as it went on to grant her request. In addition, the evidence shows the Council followed the correct process in sending the final notice and summons but cancelled the associated costs, meaning Miss X was not put to any financial loss. Any injustice she experienced due to this matter would not be sufficient to warrant investigation.
Final decision
We will not investigate Miss X’s complaint because there is insufficient injustice to warrant an investigation.
Investigator's decision on behalf of the Ombudsman