Oldham Metropolitan Borough Council (23 000 962)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax enforcement because the Council has remedied the matter.
The complaint
- Ms X complains about the way the Council has enforced a Council tax debt and its use of bailiffs.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says that she was upset by a telephone call she had with a bailiff about a Council tax debt.
- The Council has reviewed the way they have considered and dealt with her Council tax debt. They acknowledge that the officers dealing with her on the phone could have been more helpful. They also say that the bailiff she spoke to referred to a debt that the Council was not, at that point, enforcing (though remains outstanding). They have arranged for the officers involved to receive training and advice about dealing with similar issues in future.
- I am satisfied that Ms X owed Council tax over a number of years and that Liability Orders existed against her. The Council was entitled to use bailiffs to enforce those debts. I have seen no evidence that the manner of the telephone call was unreasonable or fault by the Council.
- Whilst the Council accept that some procedural errors were made, I am not persuaded that the Council needs to do more to remedy the matter as procedures have been reviewed, officers offered training and the Council has apologised.
- I do not consider that compensation if appropriate as enforcement action would have been taken in any event.
Investigator's decision on behalf of the Ombudsman