Summary: We will not investigate this complaint about the Council’s failure to process a change of circumstance relating to council tax which resulted in the complainant being contacted by bailiffs. This is because the Council has agreed to pay £150 to the complainant.

The complaint

1. The complainant, whom I refer to as Mrs X, complains the Council failed to update its records to show she had moved. As a result she was contacted by bailiffs which she found very distressing. Mrs X wants compensation.

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The Ombudsman’s role and powers

2. 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 an investigation if the Council provides a fair remedy. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information provided by Mrs X and the Council. This includes the complaint correspondence and the Council’s agreement to pay £150. I also considered our Assessment Code and comments from Mrs X’s son regarding a draft of this decision.

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My assessment

4. In April 2021 Mrs X’s son told the Council that Mrs X had moved into a care home. There was an error which meant the Council did not process this report. This resulted in the Council taking enforcement action for council tax arrears because it thought Mrs X was still living in the property and not paying the council tax. The Council obtained a liability order from the court and instructed bailiffs. The bailiffs wrote to Mrs X who was very upset, stressed and angry to be contacted.
5. In response to the complaint the Council removed the arrears and cancelled all the costs. It explained what had gone wrong and apologised for its failure to process the report that Mrs X had moved. It declined to pay compensation because Mrs X had not suffered a financial loss.
6. We recognise that being contacted by bailiffs, in error, causes upset and distress. In recognition of this, if we started an investigation, we would ask the Council for a financial remedy. I asked the Council to pay £150 to Mrs X and it agreed. As it has agreed to provide a remedy which is based on our guidelines, there is no reason to start an investigation.

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Final decision

7. We will not start an investigation because the Council has agreed to provide a remedy and pay Mrs X £150.

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Investigator's decision on behalf of the Ombudsman