Summary: We will not investigate this complaint about the Council because it is unlikely further investigation would lead to a different outcome and we are satisfied with the actions the Council has taken.

The complaint

1. Mr Y complained the Council failed to send him a link to enable him to access a hearing concerning non-payment of council tax in May 2022. Mr Y says this meant he did not have a fair trial.
2. Mr Y says the problem has caused him upset. He would like the Council to admit it was wrong in its process and write off the outstanding amount.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
4. We do not start or may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

5. I considered information Mr Y provided and the Ombudsman’s Assessment Code.

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My assessment

6. In May 2022, Mr Y was due to attend a virtual hearing about his non-payment of council tax. He contacted the Council and asked it to provide a link so he could attend. However, the Council did not send the link to Mr Y before the hearing and Mr Y therefore could not attend. Mr Y complained to the Council at the end of May.
7. In response, the Council placed recovery action on hold until the end of January 2023. In February the Council issued a Notice explaining it would proceed with recovery action as the council tax payments remained unpaid. Mr Y complained again, explaining further that he had been unable to attend the hearing previously because he had not been provided with a link by the Council.
8. The Council then arranged a new hearing in March and sent a link to Mr Y to ensure he was able to attend. It then gave a final response to Mr Y’s complaint in April, explaining the amounts owed, admitting that it had made an error in not sending the link originally and saying it had put measures in place to prevent the problem from recurring. Mr Y then approached us.

Analysis

9. The Council was at fault when it failed to send the link to enable Mr Y to attend the hearing in May 2022. When it understood the issue, it placed the recovery on hold. Although Mr Y had to complain further the Council later took steps to ensure Mr Y’s case was reheard and that Mr Y was able to attend.
10. In taking this action, the Council remedied the injustice Mr Y had suffered and placed him back into the position he would have been in had the error not occurred. It also took steps to ensure that the problem does not happen again, either for Mr Y or for others. This is a proportionate remedy to the injustice caused by the Council’s fault. It is unlikely further consideration of this complaint would lead to a different outcome. We are therefore satisfied with the actions the Council has taken and will not investigate.

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Final decision

11. We will not investigate Mr Y’s complaint because it is unlikely further investigation would lead to a different outcome and we are satisfied with the actions the Council has taken.

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Investigator's decision on behalf of the Ombudsman