Summary: We will not investigate this complaint about the collection of council tax arrears because there is insufficient evidence of fault by the Council and because the arrears have been confirmed in court.

The complaint

1. The complainant, whom I refer to as Mr X, complains the Council instructed bailiffs to collect council tax arrears even though the court had set the judgment aside. Mr X also complains he should not have to pay because he sold the property some time ago. Mr X wants a refund, compensation and an apology.

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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. (Local Government Act 1974, section 24A(6))
3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code and comments Mr X made in reply to a draft of this decision.

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My assessment

5. The Council obtained a charging order from the court for council tax arrears which arose between 2015 and 2017. In February the court withdrew the charging order. The Council wrote to Mr X to explain the judgment had been cancelled and the debt passed to bailiffs. Mr X said he had paid the arrears. The Council asked for proof. Mr X did not provide proof of payment.
6. The bailiffs sent Mr X a Notice of Enforcement asking him to pay the arrears. Mr X did not pay so a bailiff visited two months later. Mr X says the bailiff visited the residential part of his office which is occupied by a family. Mr X says the family rang Mr X who was not present during the visit. Mr X says the bailiff would not withdraw even though he explained the judgment had been cancelled. Mr X paid the debt.
7. In response to Mr X’s complaint the Council explained it had told him in February that the judgement had been cancelled and the debt passed to bailiffs. It again asked Mr X to provide evidence he had already paid the arrears. The Council said it would not issue a refund.
8. Mr X also complained to the bailiffs. The bailiffs said they were acting on instruction from the Council and the Council had not said to stop collecting. The firm explained it had viewed the bodycam and the bailiff had gained peaceful entry and only tried to take goods belonging to Mr X. The firm denied there was any inappropriate action.
9. I will not investigate this complaint because there is insufficient evidence of fault by the Council. The court cancelled the charging order but this did not cancel the debt. The Council told Mr X the charging order had been cancelled but the arrears would be collected by bailiffs. Mr X was aware of this before the bailiffs visited and he had a chance to pay before the bailiffs visited. Alternatively, Mr X could have provided evidence he had paid the council tax. The council tax arrears were not cancelled when the charging order was withdrawn and bailiffs were allowed to collect the debt. There is no reason to start an investigation or ask for compensation or a refund.
10. Mr X says he disputes the debt because he sold the property some time ago. The Council obtained a liability order which is a court order stating the tax payer must pay the council tax and costs. The law says we cannot investigate any matter that has been considered in court; the court decided Mr X must pay the arrears and we cannot question that decision. In addition, while the charging order was withdrawn, that court was also satisfied that Mr X owed the council tax.
11. Mr X says the Council should apologise and pay compensation to the family the bailiffs visited. If the family wish to complain they should first complain to the Council and/or to the bailiffs.

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Final decision

12. We will not investigate this complaint because there is insufficient evidence of fault by the Council and because the issues have been considered in court.

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Investigator's decision on behalf of the Ombudsman