Summary: We will not investigate this complaint about the Council’s decision to recover council tax debt through an attachment of earnings order. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mrs X complained about the Council’s decision to apply an attachment of earnings order (AOE) to her husband’s, Mr X’s wages. She said the Council had doctored figures she had supplied as part of its financial assessment and incorrectly included income from her Personal Independence Payment. She said the AOE had caused them financial hardship. She wants to make a payment of £100 a month and for the Council to remove the AOE.

Back to top

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
• it would be reasonable for the person to ask for an organisation review or appeal.

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

Back to top

How I considered this complaint

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

Back to top

My assessment

5. We will not investigate Mrs X’s complaint about the Council’s decision to set-up an AEO on Mr X’s wage.
6. The Council completed its financial assessment based on information provided by Mrs X. There is nothing to suggest it doctored the information she provided. And, although Ms X disagrees with the Council’s decision to include her PIP in its financial assessment, the Council is entitled to do that. Based on the outcome of the financial assessment the Council is satisfied Mr and Mrs X can afford the AOE. The Council took the correct steps in making that decision. There is not enough evidence of fault to justify our involvement. The amount deducted from Mr X’s wage is set in law as a percentage of Mr X’s income. Therefore, the Council cannot reduce the amount collected from the AOE.
7. If information around income or expenditure has changed, Mrs X can ask the Council for a further financial review.

Back to top

Final decision

8. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman