Summary: We will not investigate this complaint about the Council’s use of enforcement agents to recover an amount of unpaid council tax. The evidence shows proactive engagement by the Council’s agent to establish a consistent and affordable repayment plan and there is insufficient evidence of faut to warrant investigation.

The complaint

1. The complainant (Mr X) complains about the Council’s use of enforcement agents to recover an amount of unpaid council tax. Specifically, he alledged the Council's enforcement agents are demanding he pay more than he can afford. In summary, Mr X says the alledged fault is forcing him into further debt and is making his mental health conditions worse. As a desired outcome, he wants the Council to ensure his repayments are affordable.

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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 an investigation if we decide there is not enough evidence of fault to justify this. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).

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How I considered this complaint

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

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My assessment

4. Mr X says he went through his finances with the Council’s agent and explains he can only afford £50 per month as a repayment. Despite this, he says the Council’s agent is forcing him to make repayment of £160 per month. I have considered the agents’ responses to Mr X’s complaint which it has sent on behalf of the Council in its role as its agent. This shows Mr X agreed a repayment amount of £100 per month from May 2024 which he says he has made payments against. This does not suggest to me the Council is forcing a repayment of the amount Mr X has referred to in his complaint to us.
5. In addition, the evidence shows proactive engagement by the Council’s agent to establish a consistent and affordable repayment plan. I note the Council’s agent has agreed seven different repayment plans with Mr X since the debt was passed to it for collection. There is insufficient evidence of fault in my view to warrant investigation. The Council is under no obligation to make arrangement of a payment plan, particularly given the number of plans its agent has brokered with Mr X. However, the agent is continuing to agree payment plans which take account of Mr X’s circumstances and which he is making payments against.

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Final decision

6. We will not investigate this complaint because there is insufficient evidence of fault and the restriction I outline at paragraph two (above) applies.

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Investigator's decision on behalf of the Ombudsman