Summary: We will not investigate this complaint about council tax arrears and bailiff action. This is because there is insufficient evidence of fault by the Council and because the Council has provided a fair response.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Council sent an inaccurate council tax bill in October and then offered no further contact until bailiffs were instructed. Ms X says the Council stopped responding to her and the bailiff threatened her with arrest. Ms X says she will not pay bailiffs for a council failure. Ms X wants an apology and for the Council to remove the fees of £310.

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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 we decide:

• there is not enough evidence of fault to justify investigating, or
• the Council has provided a fair response.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes the complaint correspondence. I also considered our Assessment Code and invited Ms X to comment on a draft of this decision.

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My assessment

4. The court can issue a liability order if someone does not pay their council tax. After a liability order has been issued councils can ask bailiffs to collect the arrears. Bailiffs charge fees which have to be paid in addition to the arrears.
5. Ms X did not pay her council tax as billed from March 2021 until she moved during September 2021. During this time the Council issued a bill, reminder, summons and notification that a liability order had been issued. Ms X moved in September and the Council sent a final bill in October. Ms X did not pay the arrears so the Council instructed bailiffs in November 2022. The bailiffs contacted Ms X to ask for payment.
6. Ms X complained to the Council. She said the bill was inaccurate. The Council applied a ten day hold so Ms X could provide more information. Ms X did not provide any information so the bailiff action continued. A bailiff visited in late January 2023; during the visit he said Ms X could be arrested that day.
7. The current position is that Ms X owes council tax of £334 plus bailiff fees of £310. Ms X said she will not pay the fees.
8. In response to the complaint the Council explained how the arrears arose and that it had sent letters and emails about the arrears before the closing bill in October. It said it had explained it would involve bailiffs if she did not pay. The Council also explained to Ms X that it had not stopped responding to her and remained in contact from December 2022 to March 2023. It viewed the bodycam from the bailiff visit and said there was no evidence of thuggish behaviour. It checked with the police who denied they had taken action against the bailiff as alleged by Ms X. The Council did, however, apologise because the bailiff wrongly said Ms X could be arrested. The Council said the recovery action was correct and it would not remove the fees.
9. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council obtained a liability order in 2021 because Ms X had council tax arrears. If Ms X disputed the arrears she could have taken action in 2021. It is correct there was no further contact after October but that was because Ms X had reached the final stage and had already received many notifications about the arrears. The Council did not stop responding to Ms X but applied a hold, sent emails and detailed complaint responses. It also responded to her MP and councillors. There is no suggestion of fault in the way the Council took recovery action so no reason to start an investigation or ask for the fees to be waived.
10. The bailiff incorrectly said Ms X could be arrested. The Council has accepted this was wrong, provided information about council tax and powers of arrest and apologised. This was an appropriate response and does not need an investigation.

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Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Council and because the Council has provided an appropriate response.

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Investigator's decision on behalf of the Ombudsman