Summary: We will not investigate this complaint about the Council’s pursuit of Mr X for council tax arrears. This is because an investigation would not result in a different outcome for Mr X.

The complaint

1. Mr X complained the Council has pursued him for council tax despite the fact he has been made subject to a debt relief order (DRO).

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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:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X complained the Council was continuing to pursue him for council tax arrears despite the fact he was on a debt relief order. Mr X also complained about the conduct of a council officer he spoke to and said he wanted the Council to accept a £1 a week payment plan.
6. The Council advised the arrears it was pursuing were accrued after the debt relief order came into effect and the account was no longer solely in Mr X’s name. The Council spoke with the council officer directly and relayed his feedback. The Council also informed Mr X about its hardship fund and explained that it could not accept a payment plan that would not help to clear the debt on the account.
7. The Ombudsman will not investigate complaints where it cannot make a significant difference. The Council has explained it is not pursuing Mr X for debt accrued prior to the DRO. It has offered Mr X information regarding its hardship fund and explained why it is unable to accept the payment plan he is offering.
   The Council has also addressed his upset with the council officer’s conduct. The Ombudsman cannot compel the Council to accept Mr X’s payment plan offer; the Council has managed this matter in the way we would expect. An investigation would therefore be unlikely to result in a different outcome.

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Final decision

8. We will not investigate Mr X’s complaint because an investigation would not result in a different outcome for Mr X.

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Investigator's decision on behalf of the Ombudsman