Summary: The Ombudsman will not investigate how the Council recovered unpaid council tax from the complainant. It is unlikely he would find evidence of fault by the Council.

The complaint

1. The complainant, who I refer to here as Ms B, has complained the Council used an attachment of earnings order to recover unpaid council tax from her.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. It 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)
3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these.
4. We provide a free service but must use public money carefully. We may decide not to start an investigation if, for example, we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I have considered what Ms B said in her complaint. I have also seen the Council’s response to her concerns.

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What I found

6. In March 2017, the Council issued a council tax bill to Ms B for 2017/18 saying she had to pay £829.71 (£1,106.28 council tax less a Single Person’s Discount of £276.57). She should have paid this by 12 monthly instalments.
7. If Ms B disputed the amount she had to pay, she had a right of appeal to the Valuation Tribunal and so we would not look at a complaint about this. We must look at the complaint on the basis of the amount the law required Ms B to pay, as set out in her council tax bill.
8. Ms B also had a dispute about council tax in previous years which has been to the Valuation Tribunal. This did not affect her liability to pay council tax for 2017/18.
9. Ms B did not make any monthly payments and so lost the right to pay by instalments. In July 2017 a court issued a liability order allowing the Council to collect the outstanding amount of £829.71 plus a summons cost of £105 (£934.71).
10. Ms B made a payment of £600 in October 2017. The Council collected the outstanding £334.71 from her employer using an attachment of earnings order.
11. Ms B has provided no evidence she made any other payments for 2017/18. In its response to her complaints, the Council said Ms B had paid no council tax for 2018/19 or 2019/20. If that remains the case, it is likely the Council will take further action to recover unpaid council tax from her.

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Final decision

12. I have decided we will not investigate this complaint is because we are unlikely to find evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman