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

The complaint

1. The complainant, whom I refer to as Mrs X, complains the Council instructed bailiffs even though she had paid all the council tax. She says the Council is breaching the Equality Act by discriminating against people who are financially disadvantaged.

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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
• if we are satisfied with the actions an organisation has taken or proposes to take.

(Local Government Act 1974, section 24A(6&7 as amended))

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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. I also considered our Assessment Code and invited Mrs X to comment on a draft of this decision.

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My assessment

4. The law says people must pay their council tax on or before the date stated on the bill. If they pay late more than twice councils can issue a summons and require that all the remaining council tax is paid before the court hearing. If the person does not do this the court is likely to issue a liability order and bailiffs can be instructed. Court costs are incurred as soon as the summons is issued. There are few defences that can be raised against an application for a liability order.
5. There are six payment dates available to people who pay by direct debit. For all other payment methods the person must pay by the 5th of the month. Councils have discretion to decide what the payment date will be.
6. Mrs X paid her council tax for 2022/23 but every payment was late. Mrs X does not use direct debit. The Council issued a summons, and charged court costs, due to the continuing late payments. It also instructed bailiffs. Mrs X says the Council should not have involved bailiffs because she paid all the council tax. She also says she was denied the opportunity to go to court.
7. Mrs X also complains the Council only gives a range of dates to people who pay by direct debit. She says this is discrimination under the Equality Act.
8. In response to her complaint the Council said it had followed the correct process but, as a gesture of goodwill, it withdrew the bailiff action and costs.
9. I will not investigate this complaint because there is insufficient evidence of fault by the Council. I appreciate paying early in the month may not be convenient for Mrs X but the law requires people to pay by the due date and, if they do not, councils can take recovery action. Mrs X made regular payments but they were all late so there is no suggestion of fault. And, to stop a liability order from being issued, she would have needed to have paid all the council tax before the court hearing. Mrs X did not do this so she would not have been able to raise a successful defence.
10. Mrs X says the Council breached the Equality Act. This, however, is not correct because the Equality Act applies to people with defined protected characteristics and economic status is not a protected characteristic. In addition, the Council has the discretion to decide what payment dates to offer. It is not our role to tell a council what dates to offer.
11. Mrs X has also complained about the bailiff action. However, despite the fact the Council was allowed to instruct bailiffs, it has withdrawn the action and removed the costs. So, while I recognise Mrs X continues to feel aggrieved, there is no need to start an investigation because the Council has already provided a remedy.

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Final decision

12. We will not investigate this complaint because there is insufficient evidence of fault by the Council and the Council has provided a remedy.

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Investigator's decision on behalf of the Ombudsman