Summary: We will not investigate this complaint about the Council employing enforcement agents to collect unpaid council tax debts. There is insufficient evidence of fault which would warrant an investigation.

The complaint

1. Mrs X complained about the Council using enforcement agents to recover council tax arrears which she disputes. She says the agents have added interest to the debt which has increased the amount which she owes.

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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)

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

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

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My assessment

5. Mrs X says the Council has pursued her for three years over unpaid council tax and housing benefit overpayments. She disputes the amount she owes and in 2023 the Council passed the debt from a council tax liability order to civil enforcement agents to recover. She says this caused her stress and the agents have added interest to the debt making it more difficult for her to clear.
6. The Council has passed the debt to enforcement agents as most councils do with council tax debts which have been subject to court proceedings. The agents do not add interest to the debt but they can charge fees for a compliance notice and enforcement visits. The fees are charged in accordance with the Taking Control of Goods (Fees) Regulations Act 2014 and are not set by the Council.
7. We cannot investigate the amount of arrears being recovered by the Council because they have been subject to proceedings in the Magistrates Court and Mrs X cold have challenged the liability at the time. there is no fault in the Council using agents to recover the debts.

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Final decision

8. We will not investigate this complaint about the Council employing enforcement agents to collect unpaid council tax debts. There is insufficient evidence of fault which would warrant an investigation.

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Investigator's decision on behalf of the Ombudsman