Summary: Mr B complains the Council failed to treat him as a vulnerable debtor due to his disability. We do not find fault with the Council.

The complaint

1. Mr B complains the Council failed to treat him as a vulnerable debtor due to his disability. He says the Council:
• Denied him the opportunity to set up a payment plan.
• Failed to consider his vulnerability when it clamped and removed his car.
2. He says he was left without a means of transport and could not go out because of his disability. He also says it caused him stress and frustration.

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The Ombudsman’s role and powers

3. 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)
4. 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)
5. 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.

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How I considered this complaint

6. I considered the information from Mr B. I made enquiries with the Council and considered its response with the relevant law and guidance.
7. Mr B and the Council had the opportunity to comment on my draft decision. I carefully considered any comments I received.

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What I found

Law and guidance

Council Tax (Administration and Enforcement) Regulations 1992.

8. The Council Tax (Administration and Enforcement) Regulations 1992 cover both the way councils collect payments of council tax and the way councils can recover council tax debt.
9. The Tribunals, Courts and Enforcement Act 2007 and associated regulations cover the way bailiffs may recover debts.
10. The council tax bill for the year is due on the 1 April. A council will usually collect payment through monthly instalments. If any instalment is missed the council will send the liable person a reminder. If a payment is still not made or a further payment missed, then the entire outstanding balance will be due (that is the full amount for the rest of the year).
11. To use the various powers available to it to recover unpaid council tax, a council has to apply to the Magistrates Court for a liability order against those it believes are liable. Once a council has obtained a liability order it can take recovery action.
12. A liability order gives a council legal powers to take enforcement action to collect the money owed. This can include taking deductions from benefits, getting an attachment of earnings (by which deductions are taken directly from earnings by an employer and passed to the Council) or using bailiffs. The Council can decide which recovery method it wishes to use but it can only use one method for one liability order at one time.

Bailiffs

13. The Council may ask bailiffs to attend a person’s property and seize goods to the value of a council tax debt if it has a liability order from the Magistrates Court.
14. Bailiffs’ powers to seize goods are set out in the Tribunals, Courts and Enforcement Act 2007 (“the Act”). Schedule 12 of the Act provides a clear procedure for how bailiffs may take control of goods.
15. A bailiff can only take control of goods belonging to the debtor, which are on the debtor’s premises or on the highway

Vulnerable debtors

16. A bailiff may not take control of goods if the debtor is a vulnerable person and they are the only person present.
17. The Taking Control of Goods (Fees) Regulations 2014 say bailiffs may recover fees from the debtor. Where the debtor is a vulnerable person, the fee due for the enforcement stage is not recoverable unless the bailiff has given the debtor an adequate opportunity to get assistance and advice in relation to the exercise of the enforcement power.
18. The law does not define what a vulnerable person is. The Ministry of Justice has issued ‘Taking Control of Goods: National Standards’ which set out the responsibilities of creditors and bailiffs.
19. The Standards say creditors should remember that bailiffs act on their behalf and they are accountable for the bailiff’s actions. They must consider if the debtor is vulnerable and if so, agree clear protocols governing the approach the bailiff should take.
20. Examples of a vulnerable debtor include someone who is seriously ill or disabled.
21. If a bailiff identifies a vulnerable debtor, they should alert the creditor and ensure they act in accordance with all relevant legislation. Bailiffs should be aware that vulnerability may not be immediately obvious.

Walsall Council’s Corporate Debt Policy

22. The Council’s policy considers vulnerability.
23. It says the cause of vulnerability may be temporary or may be permanent in nature and the degree of vulnerability will vary widely.
24. The following list identifies some of the characteristics of people who could be considered vulnerable. Each case must be taken on its own merits and falling into one of these categories does not in itself classify someone as vulnerable:
• Disabled people.
• People experiencing serious illness, including mental illness.
• People aged under 18.
• Elderly people.
• People in the late stages of pregnancy.
25. The Bailiff company employed by the Council has its own definition of vulnerability:

“Somebody who doesn’t have the capacity to understand or engage in the process”.

What happened

26. I refer to enforcement agents as bailiffs throughout my findings.
27. Mr B’s annual council tax bill was issued in March 2019. It contained monthly payment amounts.
28. In May 2019 the Council sent a reminder notice.
29. The Magistrates court issued a summons in June 2019.
30. There was a liability order hearing in July 2019. A notice of liability order and potential bailiff action was issued following the hearing.
31. A warning of impending bailiff action was issued in July 2019.
32. In August 2019 Mr B received:
• A notice of impending enforcement action.
• A second and third warning of impending enforcement action.
• Two text messages about the impending actions.
33. In August 2019 Mr B contacted the Bailiffs and was advised if he did not arrange to pay then further enforcement action would be taken.
34. In October 2019 the Bailiffs sent a letter about an unsuccessful visit to the property by a Bailiff.
35. In October 2019 Mr B told the Bailiffs he would pay the full balance on 1 November 2019. On 6 November he again told the Bailiffs he would pay in full on the 8 November 2019. He did not make either of these payments.
36. Mr B made the following payments to the Bailiff’s:
• £300 on 22 October 2019.
• £100 on 19 November 2019.
37. On 2 December 2019 the Bailiffs attended Mr B’s address and clamped his car.
38. On 3 December 2019 Mr B contacted the Bailiffs. He said he was vulnerable because of a physical disability and it should not have clamped his car. On the 9 December Mr B contacted the Bailiffs and the Council. He repeated his claim of vulnerability.
39. The Bailiffs and the Council told Mr B to provide evidence of his vulnerability for consideration.
40. The Council says Mr B failed to provide evidence of his vulnerability.
41. It told Mr B if he did not contact the Bailiff’s by 10 January 2020 it would recommence its action to sell his car.
42. Mr B did not contact the Council or Bailiffs. His car was sold in October 2020 and the amount was put towards the council tax debt.

My findings

43. I do not find fault with the Council. When Mr B raised the issue of vulnerability due to a disability he was told to provide evidence for consideration. Mr B failed to provide any evidence to either the Council or Bailiffs.
44. Mr B did not raise the issue or vulnerability before December 2019 despite having many opportunities to do so. The Council and Bailiffs sent several letters to Mr B between March 2019 and December 2019. The letters and Council website has information about repayment arrangements.

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Final decision

45. I do not find fault with the Council.

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Investigator's decision on behalf of the Ombudsman