Summary: We will not investigate this complaint about the Council’s use of bailiffs to collect council tax arrears. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Council instructed bailiffs for council tax arrears without telling her. Ms X also complains the debt has increased due to bailiff fees.

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The Ombudsman’s role and powers

2. The Ombudsman investigates 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))

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How I considered this complaint

3. I considered information provided by Ms X and the Council. I also considered our Assessment Code and comments Ms X made in reply to a draft of this decision.

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My assessment

4. Ms X moved to Flat B on 12 January 2020. She spoke to the Council on 14 January regarding the flat she had left (Flat A). The Council told Ms X she owed council tax of £179 for Flat A which she needed to pay by 30 January. Ms X declined to give the Council her new address but said she would pay the council tax.
5. Ms X did not pay. In June the bill from 14 January was returned to the Council. The Council traced Ms X to Flat B. It re-sent the bill for £179 to Flat B. Ms X did not pay so the Council issued a reminder and in May 2021 obtained a liability order. The Council instructed bailiffs in July.
6. The bailiffs sent an enforcement notice to Flat B and charged a £75 fee. The bailiffs then visited and charged a visit fee of £235. Ms X spoke to the bailiffs in August and provided a new address for Flat C. The Council later found out Ms X had moved to Flat C in November 2020 although in some documents Ms X says she moved in October. In August 2021 Ms X agreed to pay the bailiffs £75 a month. Ms X has not made any payments.
7. Ms X also complained she was not liable for council tax at Flat A because there were issues over whether it had been correctly converted into a flat. The Council explained she was liable because the Valuation Office had made the flat liable for council tax from 2005. Ms X complained to us about the same issue. We decided we would not investigate that complaint because Ms X could appeal to the Valuation Tribunal about whether she was liable for council tax at Flat A.
8. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council told Ms X she owed council tax for Flat A and it sent the bill to the only address it had. It had an email address but it does not send bills by emails. When the bill was returned the Council traced Ms X to Flat B and sent the bill to that address in September 2020.
9. Ms X left Flat B in October/November 2020. Ms X wants proof the bill was delivered but it would not be possible for us to determine that. In any case, in January 2020 the Council had told Ms X she owed council tax for Flat A so Ms X knew she owed the money. Ms X did not tell the Council when she left Flat B so there is no fault associated with the Council sending the summons to that address or for the bailiffs trying to contact Ms X at Flat B.
10. Both the Council and the bailiffs followed the correct process and sent all the documents they were required to send based on the information they held about Ms X’s address. In addition, the fees charged by the bailiffs are correct. There is no suggestion of fault and no reason to start an investigation.

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Final decision

11. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman