Summary: We will not investigate this complaint about targeted attacks on the complainants in relation to their council tax. This is because there is insufficient evidence of fault causing injustice.

The complaint

1. The complainants, Mr X and Ms Y, say the Council is targeting them, as part of a wider conspiracy, in relation to council tax. They complain of an Attachment of Earnings Order (AEO) which was sent to Ms Y in error. The complainants want the Council to apologise and accept its actions are part of a malicious and targeted attack.

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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 investigating, or
• any fault has not caused injustice to the person who complained.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of the police. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

4. I considered information provided by the complainants. This includes the complaint correspondence and Mr X’s previous complaint to us. I also considered our Assessment Code.

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My assessment

5. In his previous complaint to us, Mr X complained about the police and alleged a council officer was directing the police to orchestrate a campaign against him. We told Mr X we could not investigate the complaint.
6. This current complaint is about council tax but includes references to the police and targeted campaigns which seem to echo the previous complaint. We have already told Mr X we cannot investigate his complaints about the police and conspiracies. For this reason, I will only comment on the council tax issues.
7. Mr X has substantial council tax arrears. The Council’s complaint reply in July 2024 said he had arrears of £14,000 and he had not paid any council tax since 2015.
8. The Council tried to collect the arrears through an AEO. The Council made an error and sent the AEO to Ms Y in her name. Ms Y is not employed by the employer named on the AEO although she is jointly liable to pay the council tax with Mr X. The Council told Mr X the AEO was sent to Ms Y by mistake.
9. The Council did not receive any payments through the AEO. The Council recalled the AEO and instructed bailiffs. In June and July the Council asked Mr X to complete an income/expenditure form and it made a final offer for Mr X to set up a payment plan. I do not know if Mr X returned the form or set up a payment plan. The Council said it is not targeting Mr X but explained it has a duty to collect council tax.
10. I will not investigate this complaint because there is insufficient evidence of fault causing injustice. The law allows councils to collect council tax arrears through an AEO. Mr X and Ms Y have council arrears. It is not wrong for the Council to use an AEO to recover the arrears. The law also allows councils to use other recovery methods such as bailiffs, charging orders or deductions from benefit. The Council is trying to recover council tax arrears; there is nothing to suggest this is part of a malicious campaign against Mr X and Ms Y as everyone who is liable to pay council tax must pay. In addition, the Council offered Mr X and Ms Y a payment plan.
11. The Council made an error and issued the AEO to Ms Y. This did not have an impact that requires an investigation. This is because Ms Y does not work for the employer named on the AEO so no money was deducted from her pay. Further, while the Council had intended to collect money from Mr X’s employer, it did not receive any money.

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Final decision

12. We will not investigate this complaint because there is insufficient evidence of fault causing injustice.

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Investigator's decision on behalf of the Ombudsman