Summary: The Ombudsman will not investigate this complaint about the way the Council handled the complainant’s council tax account. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains about the way the Council handled his council tax and instructed bailiffs.

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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’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if 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

3. I read the complaint and the Council’s responses. I invited Mr X to comment on a draft of this decision.

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What I found

Council tax

4. The law says people must pay their council tax before the instalment date stated on the bill. If people pay late, or do not pay, they lose the right to pay by instalments. The Council can then demand that they pay the full amount which is due for the rest of the year. If they do not pay the Council can serve a summons and ask the magistrates for a liability order. A liability order is a court order confirming the person must pay the council tax and costs. If someone does not pay the council tax, and the costs, the Council can ask bailiffs to collect the debt. Bailiffs charge fees which also have to be paid.

What happened

5. The Council sent Mr X a council tax bill in May. The bill asked Mr X to make the first payment in July. Mr X applied for council tax support. The Council put the council tax on hold while it processed the claim. On 6 June the Council told Mr X he did not qualify for benefit and it issued a new council tax bill.
6. Mr X did not pay any money towards the council tax. The court issued a liability order on 6 September. Mr X made another claim for benefit. The Council again put the council tax on hold. On 18 September the Council awarded benefit and issued a new council tax bill.
7. Mr X did not make any payments. Four weeks later the Council asked bailiffs to collect the debt. Mr X paid £40. The bailiffs visited and charged £310 in fees.
8. As a gesture of goodwill the Council recalled the debt from the bailiffs and waived £270 of the fees. It agreed a payment plan with Mr X.
9. Mr X says the Council instructed bailiffs even though it knew he was getting benefits. He says he has been caused sleepless nights and the Council made unreasonable demands.

Assessment

10. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council twice put the account on hold because Mr X had applied for benefit. But, when the holds were lifted, either due to the unsuccessful claim or because benefit had been awarded, Mr X then did not pay as billed. This led to the Council getting a liability order and involving bailiffs. There is no suggestion of fault in the handling of the case but, despite this, the Council recalled the debt and waived most of the fees. There is 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