Summary: Mr X complained the Enforcement Agents instructed by the Council refused to arrange a payment plan for outstanding Council Tax. Mr X says enforcement agents broke into his house and stole his belongings. Mr X also says the Council charged an incorrect rate for his Council Tax. We find no fault in the actions of the Council.

The complaint

• The enforcement agents acting on behalf of the Council refused to arrange a payment plan for outstanding council tax.
• The Enforcement Agents broke into his house and took his belongings.
• The Council charged an incorrect rate for Council Tax.

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The Ombudsman’s role and powers

1. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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What I have and have not investigated

2. I have investigated the complaints that:

• The Enforcement Agents acting on behalf of the Council refused to arrange a payment plan for outstanding council tax.
• The Enforcement Agents broke into his house and took his belongings.

3. I have not investigated whether the Council charged an incorrect rate for Council Tax. This is because this has already been invested by the Ombudsman as a separate complaint.

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How I considered this complaint

4. I have considered all the information Mr X provided. I made enquiries of the Council and have considered its response.
5. Mr X and the Council have had the opportunity to comment on my draft decision and I have considered the comments made.

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What I found

6. Enforcement Agents have power to enter and re-enter any premises without a warrant. However, an Enforcement Agent can only do this when they reasonably believe the debtor usually lives at, or carries on a business or trade from, the premises. This also covers were there are potentially different relevant premises that a person may live at. (Paragraph 14 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007).
7. An Enforcement Agents may enter relevant premises to search for and take control of goods. Relevant premises include the debtor’s home. The Enforcement Agents may only enter by any door, or any usual means by which entry is gained to the premises. The Enforcement Agents cannot force entry if the debt is for a council tax, business rates or a parking or moving traffic offence.

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What happened

8. The Council instructed an Enforcement Agent to recover unpaid Council Tax from Mr X.
9. Mr X called the Enforcement Agent’s offices in early June 2023. The Enforcement Agent’s call note said Mr X was informed the matter had been escalated as he had not responded to previous correspondence. The note says Mr X advised the agent ‘fine send them’ and then ended the call.
10. Around 12 days later Enforcement Agents attended Mr X’s property. Statements provided by both the Enforcement Agents who attended say entry was gained to Mr X’s property through a communal entrance and when Mr X’s property door was approached it showed signs of damage.
11. The Enforcement Agents’ statements note Mr X’s door was not locked and could be pushed open.
12. This is also recorded in an entry on the Enforcement Agent’s system dated the same day the Agents visited Mr X’s property. This records that the Agents called Mr X from the property, but he ended the call.
13. The Enforcement Agents created an inventory of items they found in Mr X’s property and the note on their systems at the time of the visit records this was left on a swivel chair at the property.
14. Mr X sent a text to the Enforcement Agents to tell them they had broken into a property where he did not own any of the possessions.
15. Mr X then raised a complaint with the Council about the Enforcement Agents failing to arrange a payment plan and about the agent’s attendance at his property.

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Analysis

16. Mr X was aware the Enforcement Agents were dealing with an outstanding debt owed to the Council as he contacted them to discuss it in early June 2023 but ended the call when he was told the matter had been escalated. The Enforcement Agents did not have an opportunity to set up a payment plan. I have seen no correspondence asking for a payment plan to be entered into to allow the Enforcement Agents to consider this option.
17. The statements made by the Agents who attended the property both refer to the door to Mr X’s property being damaged when they arrived. This is also noted in their records from the time of the visit.
18. Enforcement Agents can gain entry via a door or the usual means of entry to a property. The Agents gained entry via an unlocked door which is in line with the regulations and left an inventory of goods which they intended to take control of. I have seen no evidence to show that goods were taken from the property.
19. On balance, I am satisfied the Enforcement Agents followed the regulations regarding gaining entry to properties. I have not seen evidence that any items were removed from Mr X’s property.
20. In addition, I have not seen any evidence to show that the Enforcement Agents failed to consider a payment plan put to them.
21. I do not find any fault in the actions of the Council or the Enforcement Agents acting on its behalf.

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Final decision

22. I find no fault in the actions of the Council.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman