Summary: We will not investigate this complaint about how the Council collected unpaid council tax. There is not enough evidence of fault to justify our involvement.

The complaint

1. Mr X complained about the Council’s decision to collect his unpaid council tax through an Attachment of Earnings (AOE). He said he could not afford the amount deducted from his wages and that it had caused him financial hardship. He wants the Council to apologise and pay him compensation.

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The Ombudsman’s role and powers

2. 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)
3. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. The Council got a Liability Order giving it the legal power to take enforcement action against Mr X to collect the money he owed. It decided to collect that money through an AOE. This is where deductions are taken directly from earnings by an employer and passed to the council.
7. Mr X said he could not afford the amount deducted. The Council considered information Mr X provided about his income and expenditure. It decided there was no evidence of financial hardship. It said it had previously set up a repayment plan with Mr X, but he had not made the payments as agreed. It said it would continue to recover the debt through the AOE.
8. Although Mr X is unhappy with the Council’s decision, we will not investigate this complaint. The Council has considered Mr X’s failure to pay the previous agreed amount and the evidence provided by Mr X about his income. It decided the AOE would not cause financial hardship. There is not enough evidence of fault in how it made that decision to justify our involvement.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman