Summary: We will not investigate Mr X’s complaint that the Council has pursued the recovery of enforcement fees incurred in pursuing a council tax debt from 2019/20. Mr X complains late and could have complained sooner. We cannot achieve the outcome Mr X wants. There is insufficient evidence of fault and the Council has explained its actions.

The complaint

1. Mr X complains the Council is unreasonably recovering enforcement fees incurred in pursing a council tax debt for the year 2019-20. Mr X says he did not realise there was an outstanding amount and when he became aware settled the balance. Mr X says the Council has shown no understanding of their position. He says the family had a difficult time during the covid-19 pandemic and struggled financially. Mr X wants the Council to cancel the enforcement fees.

Back to top

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.
3. 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)
4. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

5. I considered Mr X’s information and comments and discussed the complaint with him by telephone. I have considered the Council’s information including the key enforcement communications sent to Mr X.

Back to top

My assessment

6. I will not investigate Mr X’s complaint for the following reasons:
7. The complaint is outside the Ombudsman’s jurisdiction because Mr X complains late, outside the 12 month ‘permitted period’ (see paragraphs 2 and 3 above). Mr X complained to the Ombudsman in April 2022. Mr X knew he had not paid the council tax on his empty property and that the Council was pursing the debt by September 2019 when he first contacted it about the matter. The Council sent the case to an enforcement agent who started recovery action in September 2020 (following the easing of covid-19 restrictions on such action). In October 2020 Mrs X discussed the debt with the enforcement agent. The note of the discussion shows Mrs X agreed to pay the council tax but disputed the application of enforcement fees. The Council explained its position in reply to the complaint on 11 January 2021 and says it sent a follow up communication in March. All the above actions are out of jurisdiction.
8. I will not exercise discretion to investigate for the following reasons:
9. Mr X could have complained sooner. The debt arose before covid-19 and Mrs X disputed enforcement fees in October 2020. The Council correctly explained its position in the reply to the complaint sent in January 2021.
10. There is insufficient evidence of Council fault and investigation will not result in the outcome Mr X wants:
1. Although Mr X says he did not receive the summons issued in May 2019 or a removal warning letter dated 9 October 2021, the Council sent necessary communications to the correct address. It obtained a liability order at court and is entitled to pursue the debt.
2. The court summons, May 2019, says the debt was £1402 including a £77 fee. Mr X did not pay the full amount in late 2019 having become aware of the debt. The Council says the council tax bill for the following financial year included information on the outstanding amount of £167.48. It says a letter sent in June 2020 offered to accept that amount. The delay in enforcement due to covid-19 worked in Mr X’s favour. There was no fault in the Council pursuing the debt.
3. Where enforcement actions are undertaken the Council is entitled to recover costs.
4. The Council has applied normal costs including a summons fee, a compliance fee and an enforcement visit fee of £235 in early October 2020 (before Mrs X contacted it).

Back to top

Final decision

11. The Ombudsman will not investigate Mr X’s complaint the Council has pursued the recovery of enforcement fees incurred in pursuing a council tax debt. Mr X complains late and could have complained sooner. We cannot achieve the outcome Mr X wants. There is insufficient evidence of fault and the Council has explained its actions.

Back to top

Investigator's decision on behalf of the Ombudsman