Blackburn with Darwen Council (21 001 191)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 14 Jun 2021
The Ombudsman's final decision:
Summary: Mr X complains about the Council’s enforcement of council tax bills despite a debt relief order. We will not investigate this complaint because there is no evidence of fault by the Council and the matter can also be considered by a court.
The complaint
- Mr X complains about the Council’s enforcement of council tax bills despite a debt relief order.
The Ombudsman’s role and powers
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
- We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
- I have considered the comments of the complainant and the Council and the complainant was given an opportunity to comment on the draft decision.
What I found
- Mr X obtained a Debt Relief Order in November 2019. The Council agreed to waive recovery of the debt at that time of £2593 in accordance with that order. The Council says that the remaining debt for that year still existed (of £402). They say that, following payments and alterations due to further amendments, the outstanding sum remained (for 2019/20) of £136 and a further £165 for the following year.
- Any dispute about what bills are covered by the Debt Relief Order is a matter for the courts. The Ombudsman cannot make such a determination. There is no evidence of fault in the Council’s statement about current liabilities.
Final decision
- I do not intend to investigate this complaint because there is no evidence of fault and any dispute about a legal order is a matter for the courts.
Investigator's decision on behalf of the Ombudsman