Summary: We will not investigate this complaint about the Council’s decision to set up an Attachment of Earnings Order to recover a council tax debt. This is because there is not enough evidence of fault to warrant an investigation.

The complaint

1. Mr X complained about the Council’s decision to collect his unpaid council tax through an Attachment of Earnings Order (AOE). Mr X said this will put him into financial hardship. Mr X is asking for the original special payment arrangement to be set back up.

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The Ombudsman’s role and powers

2. We investigate 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 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))
3. 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)

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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 powers to take enforcement action against Mr X to recover unpaid council tax. The Council agreed to a special payment arrangement. This was broken by Mr X three times.
7. In accordance with the revenues recovery policy and the liability order, the Council decided to change its recovery method to an AOE. When there is no fault in how the Council made its decisions, we cannot question the outcome.
8. AOE deductions are a fixed percentage of the wages and are set by statute (the Council Tax (Administration and Enforcement) (Amendment) Regulations 1998 SI 295 Schedule 5). The only discretions the council has are to make the order, not make the order, or stop an existing order. The payments are collected by the employer. 

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Final decision

9. We will not investigate Mr X’s complaint because there is no evidence of fault in how the Council made its decision.

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Investigator's decision on behalf of the Ombudsman