The Ombudsman's final decision
Summary: We will not investigate this complaint about a summons and court fee for council tax arrears. This is because there is insufficient evidence of fault by the Council and we cannot investigate any issue that forms part of legal proceedings.
The complaint
The complainant, whom I refer to as Mr X, complains the Council’s decision to charge a fee, related to council tax, is unfair, unjust and morally wrong.
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 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)) 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 Mr X. This includes the complaint correspondence. I also considered our Assessment Code.
My assessment
If a person does not pay their council tax by the instalment date a council can issue a summons and costs.
The Council issued a summons in April 2022. As a gesture of goodwill the Council withdrew it.
The Council issued a summons in November 2023. Following contact from Mr X the Council again withdrew the summons, and the costs, and reinstated Mr X’s instalments. The Council issued a bill for £465 which required payments of £155 on 7 December, 7 January and 7 February. Mr X paid £100 on 8 December and £100 on 11 January.
The Council issued a reminder because the account was in arrears. The reminder said Mr X must bring the account up to date within seven days. Mr X says he did not receive the reminder. The Council says it used the correct address and is not responsible for problems with the post.
Mr X did not pay the arrears. The Council issued a summons which included costs of £48. Mr X paid £100 on 6 February and asked the Council to withdraw the summons. The Council declined because it had followed the correct process and because it had withdrawn the summons in November. Mr X paid the remaining arrears, and costs, later in February and his account for 2023/24 is clear.
I will not start an investigation because there is insufficient evidence of fault by the Council. The law allows a council to issue a summons, and costs, if someone does not pay in accordance with the council tax bill and does not clear arrears within seven days of a reminder. Mr X says he did not get the reminder but the Council used the correct address and Mr X was aware of what he needed to pay each month. Mr X did not keep to the instalment plan for December, January and February. Further, while the Council withdrew the November summons, this was done as a gesture of goodwill and there was no requirement for it to do so again.
Mr X says the arrears were small and he intended to pay. But, while I acknowledge Mr X thinks the process is unfair, the Council acted in accordance with the regulations so there is no reason to start an investigation.
I also will not investigate this complaint because the issue of a summons and costs form part of legal proceedings and we have no power to investigate a matter that forms part of legal proceedings.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council and because receipt of a summons forms part of legal proceedings.
Investigator's decision on behalf of the Ombudsman