Summary: We will not investigate this complaint about two council tax complaints because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mrs X, complains about the way the Council handled two council tax accounts. Mrs X wants the Council to remove a summons and costs, and to pay compensation for a late refund.

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The Ombudsman’s role and powers

2. 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))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council. This includes the complaint correspondence and an update from the Council. I also considered our Assessment Code.

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My assessment

Complaint one

4. In June the Council sent Mrs X a council tax bill showing a credit of £24. The form included a link to apply for a refund. Mrs X applied for a refund in October which the Council authorised in November.
5. Mrs X says the Council should have made the refund without requiring her to fill in a form. The Council had told Mrs X she needed to complete the from because it did not have her bank details. Mrs X wants compensation for the delay in receiving the refund.
6. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council notified Mrs X of the credit and she could have received the money in June/July if she had completed the refund form. It is not wrong for a council to ask people to apply for a refund.

Complaint two

7. Mrs X says the Council did not ensure she received some council tax bills. She has questioned whether three payments have been allocated to the account and says the Council did not allocate her payments to the correct year. Mrs X does not accept she owes any council tax and wants the Council to remove the summons and costs.
8. The Council issued a bill in January 2024 for £450. Mrs X asked the Council to re-set the payments. The Council re-issued the bill and asked for payments in February and March. Mrs X did not pay as billed so the Council served a summons and the court issued a liability order. Mrs X incurred court costs and, after the liability order had been issued, she owed £320 in council tax and costs. Mrs X paid £211 in September but she still owes £108. The Council referred this debt to bailiffs in November.
9. Ms X disputes the summons and questions whether three payments were received and correctly allocated. She also says she has not received some bills.
10. I will not investigate this complaint because there is insufficient evidence of fault by the Council. Mrs X incurred costs for council tax for 2023/24. I have checked the payments she has referred to and they were correctly allocated and credited to the account. The Council was allowed to issue a summons because Mrs X did not pay the council tax as billed in February and March.
11. I do not know why Mrs X did not receive some of the bills. But, she could have checked the accounts on-line and the Council explained correctly it is not responsible for problems with the post. Further, there is no requirement for councils to use registered post. Mrs X received at least some of the bills because she asked for payments to be re-set and asked about the refund.

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Final decision

12. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman