Summary: We will not investigate this complaint about the Council’s handling of Mr X’s Council Tax account. This is because there is no evidence to suggest fault by the Council.

The complaint

1. Mr X complains about the court costs he incurred when the Council took him to court for Council Tax arrears which arose due to late payment. He says he had in fact paid more than he had been required to by the instalments set out by the Council and that it should refund the costs.

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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 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))

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How I considered this complaint

3. I considered information provided by the complainant, including the Council’s response to the complaint.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complains the Council took him to court for late payment of his Council Tax and that he incurred court costs as a result.
6. The Council responded to Mr X’s complaint in some detail to explain its procedures and what is required of Council Tax payers. It explained the onus is on the payer to ensure payment is received by the required date. Mr X did not make payment by the required date and the Council followed its normal procedures in issuing a summons.
7. As there is no evidence to suggest fault by the Council, we will not investigate the complaint.

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Final decision

8. We will not investigate Mr X’s complaint because there is no evidence to suggest fault by the Council.

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Investigator's decision on behalf of the Ombudsman