Summary: The Council delayed in dealing with information on a council tax account and a claim for council tax reduction. Enforcement agents, acting for the Council, did not follow the regulations. The Council caused unnecessary time, trouble and distress to the complainant, who the Council knew was vulnerable. To put this right the Council will apologise, make a payment to the complainant and assess her correct council tax reduction. It will tell the Ombudsman what it will do to ensure in future its officers and agents deal correctly with vulnerable people.

The complaint

1. Miss X complains the Council mismanaged her council tax account. She says it used the wrong income and did not tell her how it assessed her claim. She says it ignored her request for reassessments and did not deal correctly with her complaints. She says because of this the Council wrongly sent the account to enforcement agents. Miss X has health problems. She says the stress this caused means she now has difficulty answering the telephone and opening letters from the Council. She says she also needed treatment for anxiety and depression.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)
4. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
6. We investigate complaints about councils and certain other bodies. Where an individual, organisation or private company is providing services on behalf of a council, we can investigate complaints about the actions of these providers. (Local Government Act 1974, section 25(7), as amended)
7. If we are satisfied with a council’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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How I considered this complaint

8. I considered the complaint Miss X made and discussed it with her. I asked the Council for information and considered this.
9. I have exercised discretion and considered events from May 2017. This is both because of Miss X’s health problems and because she has consistently raised her concerns with the Council.
10. I have exercised discretion to look at the Council’s decision on Miss X’s claim for council tax reduction. This is because Miss X alleged the Council did not reassess her claim when she asked it to.
11. Miss X and the Council had the opportunity to comment on a draft version of my decision before I make a final decision.

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What I found

Law and policy

The Equality Act 2010

12. The Act applies to any organisation that carries out a public role. It aims to ensure that a disabled person can use a service as close as it is reasonably possible to the standard usually offered to non-disabled people.
13. The duty is ‘anticipatory’. This means the public body cannot wait until a disabled person wants to use its services but must think in advance about what disabled people might reasonably need.
14. When the duty arises, the public body is under a positive and proactive duty to look at removing or preventing obstacles to a disabled person accessing its services. If the adjustments are reasonable it must make them.
15. If a disabled person has a “substantial disadvantage” compared to a non-disabled person, the public body must consider the following:

• changing the way it does things;
• if it can remove barriers created by the physical features of a building, if the building is open to the public or a section of the public;
• if it can provide extra aids and services to help the disabled person access the service.

Council tax recovery

16. Before a council can pursue someone for council tax it must send a demand. If a taxpayer misses a payment, the council must issue at least one reminder notice before issuing a summons for a liability order in the magistrates’ court. If the debtor does not pay the council can act to recover the debt. There are several ways a council can recover the debt. These include an attachment to earnings or benefits and referring the debt to enforcement agents.

The Taking Control of Goods Regulations 2013

17. Before taking control of goods (in other words visiting to take goods) an enforcement agent must issue a notice of enforcement on the debtor seven clear days before the agent takes control of goods. This is the compliance stage. Once an agent makes a first visit the compliance stage is over and the enforcement stage has begun.
18. An enforcement agent can take control of goods on property he has the power to enter and re-enter. This is the property the agent reasonably believes the debtor usually lives at or carries on a business at. Entry to property should be by the normal means of entry for example a door or gate and the agent cannot use force.
19. An agent can only take control of goods by securing them on the property or highway, removing the goods or making a controlled goods agreement with the debtor. The agent must give the debtor a notice with details of the agent and say if the agent has entered the property, and/or taken control of goods. If the agent has taken control of goods, he must give the debtor a list of goods he has taken control of. He also needs to say what the debtor owes and how, where and when the debtor can pay the debt to release the goods.
20. An enforcement agent cannot take control of goods, make a controlled goods arrangement, or re-enter a property if the debtor is a vulnerable person.
21. If the debtor does not pay or keep to an agreed arrangement the agent can move to the removal and sale stage. The agent does not have to remove goods to start this stage; just attend intending to remove. But he will have had to have already taken control of the goods.
22. An agent can re-enter to remove goods already taken control of but must give notice at least two clear days before doing this. The agent must sign the notice and give the following information:

(a) the name and address of the debtor;

(b) the reference number or numbers;

(c) the date of the notice;

(d) enough details of the controlled goods agreement, the repayment terms of which the debtor has failed to comply with, to enable the debtor to identify the agreement correctly;

(e) how the debtor has failed to comply with the repayment terms of the controlled goods agreement;

(f) the amount outstanding on the date of the notice;

(g) how and between which hours and on which days the debtor can pay the debt;

(h) a contact telephone number and address at which, and the days on which and hours between which, the debtor can contact the enforcement agent or the enforcement agent’s office;

(i) the date and time by which the debtor must pay the debt to prevent the enforcement agents inspecting or removing the controlled goods storage or sale; and

(j) that the enforcement agent may if necessary use reasonable force to re-enter the property to inspect the goods or remove them for storage or sale.

23. The Government has set standard fees for enforcement agents. These are £75 for the compliance (letter) stage and £235 for the enforcement (visits) stage and £110 for the sale and disposal stage. (The Taking Control of Goods (Fees) Regulations 2014)
24. If a debtor is vulnerable the enforcement fee is not recoverable until the enforcement agent has, before taking goods into control, allowed the debtor an adequate opportunity to get assistance and advice. (The Taking Control of Goods (Fees) Regulations 2014)
25. If an authority knows a debtor may be vulnerable it should tell the enforcement agents when it passes them the debt.  If enforcement agents consider a debtor vulnerable, they should let the authority know.

Council Tax reduction

26. A person can apply for help with council tax by applying for a council tax reduction. If the person disputes the council tax reduction the council gives, she can ask the council to review the decision. If the council does not change its decision, the person can appeal to the Valuation Tribunal. The London Borough of Haringey’s website says a claimant should not an appeal to the Council. If the claimant does, it will tell her to contact the Valuation Tribunal.
27. Every council decides its own council tax reduction scheme. The London Borough of Haringey’s scheme will pay a maximum of 80.2% of the council tax to claimants of working age and not receiving certain disability benefits. A claimant cannot appeal to the Valuation Tribunal about the contents of the policy.
28. The Council imposes a “non-dependent deduction” if there are other adults in the household as well as the claimant and their partner. This means it will deduct a set amount from the claim, even if the household member does not contribute to the council tax. However, the Council will not make a non-dependent deduction for a household member who is a full-time student.
29. A full-time student does not count as part of a household for council tax purposes. Therefore, it two adults live in the home, but one is a full-time student; the Council will give a 25% discount.

The Council’s complaints policy

30. The complaints policy has two stages. At the first stage Customer services log the complaint and ask the service complained about to respond within ten working days. If a complainant remains unhappy, she can ask to go to stage two. At stage two a Feedback and Information Manager, independent of the service, considers the complaint. The Manager will give the complainant their contact details and invite the complainant to give comments or contact them. The Manager will reply to the complaint within twenty-five working days and tell the complaint about the Local Government and Social Care Ombudsman.

What I found

31. Ms X has a serious congenital disease with many painful symptoms.
32. Miss X lives in temporary accommodation provided by the Council. Her adult daughter lives with her. On 5 May 2017 the Council moved Miss X to different temporary accommodation. Miss X works on a low income. She had claimed council tax reduction at her previous home. The Council sent her a letter ending her previous council tax reduction claim on 12 May 2017.
33. On 16 June 2017 the Council sent Miss X a council tax bill for her new home and on 20 June it assessed council tax reduction for that property. It included a non-dependent deduction for her daughter
34. The Council sent Miss X a reminder for £135.77 on 17 August and Miss X paid this on 21 August. The Council sent Miss X a reminder for £135 on 14 September and Miss X paid this on 15 September.
35. On 18 October the Council sent Miss X a final notice, it wanted the full remaining council tax of £675. Miss X paid £135 on 21 October.
36. Miss X contacted the Council on 24 October to tell it her income had decreased from the beginning of September. She provided wage slips. She also told the Council her job would end on 3 November. On 15 November the Council notified Miss X it had increased her council tax reduction to £14.58 a week from 6 November. It sent Miss X a new Council tax bill stating she now owed £292.86 and the Council wanted three monthly payments of £98.
37. On 17 November Miss X gave the Council a letter from the DWP saying it would pay her Job Seekers Allowance from 3 November. On 5 December Miss X told the Council she would start a new job on 5 December and then change to another job on 30 December.
38. On 11 December the Council told Miss X from 4 December it had reduced her council tax reduction to £2.74 a week. From 4 December it had Miss X’s income as identical to her June 2017 income. It sent Miss X a new bill for £492.61 and it wanted Miss X to pay this in two instalments.
39. Miss X gave the Council her wage slips on 21 December. On the same day she made a complaint. She said she had not yet heard what council tax reduction she would get from 3 November to 1 December. She wanted an explanation for the Council asking her to pay £246 by 1 January. She said she lived in poverty and the Council’s demands were making her suicidal. The Council has a note it received this letter, but it did not reply.
40. Miss X continued to give the Council her wage slips.
41. On 12 February 2018 the Council summonsed Miss X for £492.61. On 8 March it got a liability order adding £115 to Miss X’s debt.
42. Miss X paid the Council £369 on 23 March 2018. She says she paid this amount as she believed the Council had not yet assessed the claim for November 2017, when she was unemployed. Miss X asked for a breakdown of the debt. The Council responded on 17 April. It listed the payments Miss X had made. It said she still owed £238.61. On 23 April Miss X asked the Council for a further explanation.
43. In March 2018 the Council sent Miss X her council tax bill and council tax reduction decision for 2018/2019. The council tax reduction decision says Miss X’s current income is identical to her income from the job she left in November 2017. Miss X began to make payments of £108 a month to her 2018/2019 council tax.
44. On 19 April 2018 Miss X complained to the Council about its delay in dealing with information she had given it, including the wage slips she gave it in December 2017.
45. In May 2018 Miss X saw a clinical psychologist for anxiety and depression.
46. The Council replied to Miss X on 10 May 2018. It apologised it had not dealt with the information before. The Council recalculated Miss X’s council tax reduction from 11 September to 5 November 2017 and increased it. It did not reassess from 5 December 2017 when Miss X started a new job.
47. The Council replied to Miss X’s request for a further explanation on 14 June. It said the debt included costs of £115. It asked Miss X to pay the arrears to avoid further enforcement action.
48. On 26 June Miss X wrote to the Council asking it to reassess her council tax reduction. She asked the Council to also look at her council tax account at her previous address. She provided documents. She sent this recorded delivery and a Council Officer signed for it.
49. On 19 July 2018 the Council passed the debt to enforcement agents. On 23 July the agents sent Miss X an enforcement notice, adding £75 to the debt.
50. On 29 July 2018 Miss X made another complaint. She said the Council should not have referred the case to enforcement agents. She said she was still waiting for the Council to tell her what council tax reduction it would award her for November 2017.
51. The Council acknowledged the complaint on 13 August and put a hold on the enforcement agents.
52. The Council now looked at previous letters from Miss X and noted what she had told it about her health in December 2017. It decided she was vulnerable. It made a note of this and told the enforcement agents.
53. The Council replied to Miss X on 20 August, it said it was also a response to her letter of 26 June. It said what it had done with Miss X’s payments for both addresses. It said it had now removed costs from her previous account. For her current home it said if the Council changed her council tax reduction it would have issued a new bill. It said this account was with enforcement agents and Miss X should contact them. It said: “No enforcement fees will be added to this liability by (the enforcement agents) as they have been made aware of your vulnerability.” The Council said she could ask for an independent review.
54. The Council lifted the hold on enforcement action. On 17 September 2018 an enforcement agent called at Miss X’s home and added the £235 enforcement fee to the debt. Miss X was not at home and the agent did not enter the property or take control of the goods. The agent left a note saying he would return and take control of Miss X’s goods if she did not pay £489.36 immediately.
55. The Council then asked the agents to put another hold on the case but lifted this on 8 October.
56. On 9 October 2018 Miss X wrote to the Mayor to escalate her complaint. She said the Council had reduced her council tax reduction by £12 a week from December 2017. She said the enforcement agents had increased the debt to £489.36. She wanted the Council to properly investigate why her debt was now so high. Miss X provided a letter from her clinical psychologist dated September 2018. This said what disease Miss X has. The psychologist described the treatment she had provided to Miss X since June 2018 for anxiety and depression. She said Miss X reported her anxiety and depression resulted from continuing problems with housing and council tax. She said stress could worsen the symptoms of Miss X’s illness.
57. The Council decided not to escalate the complaint to stage two of its procedure. On 26 October 2018 a Revenues Officer (Officer 1) replied to Miss X. Officer 1 said the Council had properly assessed her council tax reduction for when Miss X was unemployed in November 2017. Officer 1 said the maximum council tax reduction for her was 80.2% of the bill. Officer 1 said Miss X should contact the enforcement agents to arrange to clear the debt.
58. Officer 1 said Miss X had £108 arrears for her 2018/2019 council tax and the Council had sent her a reminder notice. She said Miss X needed to bring that account up to date within 7 days or the Council might start recovery action. Officer 1 told Miss X how to ask for a review of her complaint.
59. On 28 October Miss X asked Officer 1 to reconsider as she still did not think she had the right council tax reduction. She said she had withheld her last council tax payment as the Council had not emptied her bins.
60. An enforcement agent visited Miss X on 25 and 30 October. Miss X was not at home and the agent left letters.
61. On 5 November 2018 Miss X provided a student exemption certificate for her daughter as she had started a university course.
62. On 6 November 2018 the enforcement agents left a notice at Miss X’s home saying they had instructed their removal team to remove her goods. They said they had instructed the team to collect £599.36. They said to stop this happening Miss X must immediately pay them £489.36.
63. On 9 November the Council summonsed Miss X for arrears on her 2018/2019 council tax account.
64. On 14 November Officer 1 replied to Miss X. She said problems with refuse collection was not a valid reason for not paying council tax. She said council tax and benefit teams had reviewed her case and would make no further amendments. She said Miss X owed £713.36 council tax and enforcement fees on top of this. She told Miss X she could complain to us.
65. On 17 November Miss X paid £108 council tax for 2018/2019.
66. On 21 November 2018 Miss X made a further complaint as she did not understand how she now owed £713.36. She still thought the Council had not paid her enough council tax reduction.
67. On 6 December 2018 the Council got a liability order for the 2018/2019 council tax, adding £115 to the debt.
68. On 11 December 2018 the Council made a note that Miss X was vulnerable because of a visual impairment. It withdrew the case from the enforcement agents.
69. On 8 January 2019 the Council applied the 25% discount to the council tax account and removed the non-dependent deduction for Miss X’s daughter. It backdated this to 23 September 2018. It decided Miss X was not entitled to council tax reduction from 23 September 2018 to the end of the financial year. It sent Miss X a new bill.
70. The Council asked Miss X to tell it what her income and outgoings were. Miss X emailed back to say how unhappy she was with the service and she would pay no more than £5 a month for the arrears.
71. On 4 March 2019 the Council sent the 2017/2018 and 2018/2019 council tax accounts to enforcement agents. On 13 March the agents sent notices of enforcement for both accounts to Miss X. The Council withdrew both cases from the agents on 20 March 2019.
72. In April and May 2019 Miss X paid the Council £5. The Council put this towards the 2017/2018 account.
73. In May 2019 the Council started to recover council tax arrears from Miss X by direct deductions from her wages.
74. We told the Council of Miss X’s complaint on 26 June 2019. On 10 July 2019 the Council reassessed Miss X’s council tax reduction from 23 September 2018 to 31 March 2019 and awarded her a reduction of just under £100.
75. The Council says its responses to Miss X did not tell her about the Valuation Tribunal as its decision notices contain this information.
76. The Council says if it or the enforcement agents become aware a debtor is vulnerable, they follow the regulations and do not make visits.
77. The Council says Miss X did not ask it for any assistance because of her disability.

Analysis

78. In March all councils send council tax bills saying what the taxpayer owes for the next financial year and what instalments it wants. If a council awards council tax reduction, it assumes the award will last until the end of the financial year. The council will send a new bill with the council tax reduction taken off the annual bill and lower instalments because of this. If the claimant’s circumstances then change and they become entitled to less council tax reduction, the council will send a new bill for the rest of the year. This bill will show a larger amount due and higher instalment.

The 2017/2018 council tax reduction

79. In October 2017 Miss X told the Council her income had reduced. The Council did not reassess using this information until May 2018. This is fault.
80. The Council did reassess for November 2017 when Miss X was unemployed. It did this on 15 November 2017. From December 2017 onwards Miss X told the Council she did not think it had reassessed for November 2017. The Council did not send Miss X another copy of its decision. The Council did not send an explanation. It was not until 26 October 2018 the Council told her it did not pay 100% council tax reduction for working age people.
81. On 21 December 2017 Miss X handed in wage slips for her new job, she continued to provide wage slips. The evidence is the Council never reassessed using this information. It told Miss X on 11 December 2017 what her council tax reduction was from 4 December 2017; before Miss X gave it her wage slips. The income it used for the calculation is identical to the income it used for her previous job. It is unlikely Miss X earned the same amount for two different jobs. The Council’s failure to reassess is fault.
82. The Council compounded the fault by not reassessing from 4 December 2017 when Miss X asked it to. She again asked it to do this on 19 April 2018, 26 June 2018, 9 October 2018 and 28 October 2018. On 14 November 2018 the Council said it had reviewed her benefit claim and would not make further changes. The Council’s letter did not tell Miss X she could appeal to the Valuation Tribunal
83. The Council then did not respond to Miss X’s letter of 21 November 2018, so did not tell her to appeal to the Valuation Tribunal if she thought its assessment was wrong.
84. The delays and failures to reassess caused Miss X injustice. The Council put her to unnecessary time, trouble and distress. It also meant it totally confused Miss X about what she owed and why.

The 2018/2019 council tax reduction and discount

85. The Council continued to use Miss X’s income from the job she left in November 2017 when it assessed her council tax reduction from April 2018. It did not put this right when Miss X complained it had ignored the wage slips she provided in December 2017. This is fault.
86. On 5 November 2018 Miss X provided a student exemption certificate for her daughter. This meant she was entitled to a 25% discount on her council tax. The Council did not deal with this until 11 January 2019. This delay is fault. It caused Miss X injustice because the Council got a liability order before applying the discount for and added another £115 to Miss X’s debt. It caused further injustice as it then removed the council tax reduction it had paid for September 2018 to January 2019, when Miss X could not have known the Council had overpaid her.
87. The Council then took until July 2019 to reassess Miss X’s council tax reduction from September 2018.

How the Council dealt with Miss X as a vulnerable person

88. Miss X wrote to the Council on 21 December 2017 and told it she felt suicidal. The Council did not consider this information until August 2018 when it decided she is vulnerable. This was after it had referred the case to enforcement agents. This is fault.
89. The Council says if a debtor is vulnerable the enforcement agents do not carry out home visits. The enforcement agents made 4 visits to Miss X’s home. This is fault.
90. On 20 August the Council told Miss X the enforcement agents would not add enforcement fees because of her vulnerability. On 17 September the enforcement agents did add the £235 enforcement fee. The Council did nothing about this when Miss X told it the agents had increased her debt. Instead it told her she owed the enforcement fees and to contact the agents to pay the debt.
91. From 9 October 2018 the Council knew more about Miss X’s physical and mental health problems. It did not withdraw the account from the agents or even put another hold on enforcement action to give Miss X the opportunity to get advice. This is fault. Enforcement agents then went to Miss X’s home on 25 and 30 October and 6 November 2018.
92. The Council did not withdraw the account from the agents until 11 December when it noted Miss X’s visual impairment. It then sent the account back to agents in March 2019 when it also sent it the 2018/2019 account. The Council then decided to recover the money by deductions from Miss X’s earnings. The Council should have considered this from the beginning. It would not then have put Miss X through the ordeal of having enforcement agents coming to her home and seeing her debt continually increasing.
93. The Council says Miss X did not ask for any assistance because off her disability. The Council has an anticipatory duty to consider reasonable adjustments. I have seen no evidence the Council asked Miss X if she needed any assistance, even after it noted her visual impairment.

The actions of the enforcement agents

94. The enforcement agents went to Miss X’s home even though they knew she was vulnerable. This is fault causing injustice.
95. The agents added the enforcement fee without giving Miss X the opportunity to get advice and assistance. This is fault. The enforcement agents cannot now recover any of the fees because they returned the accounts to the Council. However, adding the fees caused injustice as Miss X was faced with an ever-increasing debt.
96. The agents did not take control of Miss X’s goods. Despite this on 6 November 2018 they told Miss X they had instructed their removal team to remove her goods. At that point the agents had no power to do this and so misrepresented their powers to Miss X. This is fault causing injustice as it added to Miss X’s anxiety and distress.

The Council’s responses to Miss X’s complaint

97. Miss X made a complaint on 21 December 2017. The Council did not respond. This is fault. If the Council had responded it could have noted Miss X’s vulnerability and explained it had assessed her council tax reduction for November 2017. There is a possibility that if it had responded it could have avoided all that happened next.
98. Miss X complained again on 19 April 2018. The Council responded on 10 May but only dealt with part of the complaint.
99. Miss X complained again on 26 June 2018. The Council should have replied within 10 working days but did not. It sent the account to agents on 19 July without considering what Miss X had said. As the Council did not reply Miss X made another complaint on 29 July. The Council replied on 20 August. It said it was also replying to her complaint of 26 June. This is two months after Miss X made that complaint. The delay in replying is fault
100. On 20 August 2018 the Council told Miss X how to take her complaint to the next stage. Miss X tried to do this on 9 October but the Council treated it as another stage one complaint. On 26 October the Council again told Miss X she could ask for an independent review of her complaint. When Miss X asked for a review, the same officer responded. The Council then told Miss X she could complain to us, when it had not considered Miss X’s complaint at stage two of its own procedure. This is fault. The Council should have followed its complaint procedure and someone from outside the Revenue’s Service should have considered her complaint.
101. Miss X again asked for a review on 21 November 2018. The Council did not reply. This is fault.

Agreed action

102. We publish guidance on remedies. Where action by enforcement agents occurred because of fault by a council, we anticipate the council should provide a distinct remedy for the distress this caused. We usually recommend a “modest” amount of between £100 and £300. We recommend more if the distress is greater, an example is when the complainant is vulnerable. In this case Miss X’s health suffered and the Council and agent failed to properly consider her vulnerability. I consider this case merits double our usual highest amount.
103. The Council also caused Miss X unnecessary time and trouble. We usually recommend a payment between £100 and £300 for time and trouble. I consider the unnecessary time and trouble the Council caused merits the high end of the range.
104. The Council also caused unnecessary distress in how it dealt with Miss X and her complaints. It did not find out about reasonable adjustments, did not consider her vulnerability and did not properly investigate her complaints. I consider the Council should pay Miss X £500 in recognition of the distress it and the agents caused her.
105. When a council commissions another organisation to provide services on its behalf it remains responsible for those services and for the actions of the organisation providing them. So, although I found fault with the actions of the Council and the enforcement agents, I am making recommendations to the Council.
106. To put matters right the Council agreed that within a month of my final decision:-

• Apologise to Miss X.
• Pay Miss X a total of £1,400 for the enforcement action, distress it caused and her time and trouble. It will do this by clearing Miss X’s council tax arrears and paying her the balance. Ay present Miss X and the Council do not agree on the level of arrears. Therefore, the Council will defer making this payment until I have made a decision on a new complaint from Miss X about the arrears,
• The Council has reassessed Miss X’s council tax reduction from 4 December 2017 using the correct income.
• Tell the Ombudsman what action it will take so that in future revenue’s officers properly consider the need for reasonable adjustments when dealing with the public. The Council also should tell the Ombudsman what action it will take to ensure officers and its enforcement agents deal properly with vulnerable debtors.

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Final decision

107. The Council is at fault and has caused injustice. It has agreed to provide a remedy. I have completed my investigation and closed the complaint.

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Investigator's decision on behalf of the Ombudsman