Summary: We will not investigate this complaint about the Council’s recovery of council tax from Ms X. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Ms X complained about the Council’s employment of enforcement agents to recover unpaid council tax which she says she was unable to pay during the COVID-19 pandemic restrictions.

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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 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

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

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X says the Council employed enforcement agents to pursue her for council tax arrears which it took court action over. She says she was unaware of the liability order obtained and that the contact from enforcement agents was a shock to her when she was unaware if the action against her. She says the Council failed to contact her at her new address by email or offered to allow her to make a cash payment. She also says she has seen no evidence of the liability order obtained against her from the court.
6. Ms X has made a previous complaint about this matter and some of these complaints are dealt with in that that case decision reference 21 0185 58. These include the Council’s methods of contact with her after she moved to another address, the restrictions on movement during the pandemic lockdown and the methods of payment available to her.
7. Ms X raised new concerns that the enforcement agents issued a summons against her as a means of tracing her at no cost. The summons was issued by the Council as billing authority and the agents were not involved until after a liability order was obtained from the magistrates court.
8. Ms X also says that the Council failed to keep a copy of the liability order from the court which she says it claims was sent to her. There is no copy of a liability order held by the billing authority. The order forms part of a court listing signed at the magistrates court which then gives the council authority to pursue the debt, usually by enforcement agents.

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Final decision

9. We will not investigate this complaint about the Council’s recovery of council tax from Ms X. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman