Summary: We will not investigate this complaint that the Council passed Mr X’s council tax account to enforcement agents as it is unlikely we will find fault by the Council.

The complaint

1. Mr X complained about the Council’s decision to use enforcement agents to collect council tax on his rental property. Mr X does not consider he should be made to pay council tax as he says Council road works caused damp at his property. Mr X says this has impacted on him financially.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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))

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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. I recognise Mr X is unhappy that the Council has passed his case to enforcement agents. It is, however, entitled to do this after having received a liability order for the debt from the court.
7. The Council has explained to Mr X that council tax cannot be reduced due to a perceived lack of services by the liable person. It has also advised Mr X he can seek to set up a payment arrangement with the enforcement agents once he has supplied details of his financial situation to them.
8. We will not investigate as the Council has taken action it is entitled to, and it is unlikely we will find fault in these actions.

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Final decision

9. We will not investigate Mr X’s complaint because it is unlikely we will find fault by the Council.

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Investigator's decision on behalf of the Ombudsman