Summary: We will not investigate this complaint about the way the Council tried to recover council tax arrears. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mr X, complains about the way the Council tried to recover council tax arrears, particularly in relation to the use of an Attachment of Earnings Order (AEO). He says the Council treated him unfairly and failed to show any empathy or understanding.

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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. (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 Mr X and the Council. This includes the complaint correspondence and email exchanges. I also considered our Assessment Code.

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My assessment

4. Mr X has substantial council tax arrears. He complains about the way the Council treated him in relation to the arrears and says its use of an AEO caused particular hardship. The Council says it used AEOs in the past when Mr X had broken payment plans.
5. I have considered how the Council treated Mr X this year and I have not seen anything to suggest we need to start an investigation. The documents show the Council tried agreeing a payment plan with Mr X before it applied for an AEO. It adhered to the Breathing Space scheme, explained why Mr X’s payment offer was not sufficient and why he needed to provide a more detailed financial statement and information about his health. The Council warned Mr X it would take recovery action if he did not agree and keep to a payment plan.
6. Mr X did not agree to a plan so the Council applied for an AEO. The Council then cancelled the AEO because Mr X entered into a payment plan.
7. In September the Council invited Mr X to apply for a discretionary award which, if agreed, would reduce his council tax; the Council says Mr X has not submitted an application and did not submit other information it had requested.
8. The Council followed the correct process. The regulations allow use of AEOs and the Council could, as an alternative, have used bailiffs who charge fees. The approach used by the Council, of negotiation and use of AEOs, has avoided additional fees. In addition, the Council sought further information about Mr X’s health and tried to agree a payment plan to avoid further action. The Council cancelled the AEO once Mr X agreed a plan. I appreciate Mr X is under financial strain but there is nothing to suggest fault in the Council’s approach and nothing to suggest it did not consider his circumstances.

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Final decision

9. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman