City of Bradford Metropolitan District Council (23 008 057)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 25 Sep 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax enforcement because there is no evidence of fault by the Council and is a matter for the courts.
The complaint
- Mr X complains that he was unable to challenge a Liability Order for Council tax arrears in court and disagrees with the use of an attachment of earnings order.
The Ombudsman’s role and powers
- We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
- We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says that he attended a Liability Order hearing for Council tax arrears but was unable to make his case. He also says that they then obtained payment from him using an attachment of earnings order when he would have preferred a payment plan.
- The Council says that the Liability Order hearings were virtual and this was explained in the information sent to him. I am satisfied that there is no evidence of fault by the Council in this matter. A Liability Order would be granted in any event if there were any arrears at that point (which was not disputed).
- Once a Liability Order is granted the Council had a range of options for recovery. Mr X can still arrange a payment plan with the Council if he prefers. Mr X can also apply to the court to adjust the level of repayment if this is causing hardship. An alternative enforcement by the Council could be more costly to him, such as the use of bailiffs. I am not therefore satisfied that there has either been fault by the Council or that it has caused him any significant injustice.
Investigator's decision on behalf of the Ombudsman