Summary: We will not investigate this complaint about the Council handling of Mr X’s council tax account. This is because there is not enough evidence of fault to justify investigation.

The complaint

1. Mr X complains the Council unfairly pursued recovery action against him for council tax. He was paying the agreed payment arrangement but missed one direct debit payment. However, he could not get through to the Council to discuss this. He made extra payments. But the Council passed the account to its enforcement agent who added extra fees. He said the Council gave conflicting information in its responses. This caused him stress and anxiety.

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The Ombudsman’s role and powers

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

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

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My assessment

3. Mr X complained to the Council regarding the matters in paragraph 1.
4. The Council’s complaint responses stated Mr X missed a payment in January 2025 as his bank recalled a direct debit payment. The Council sent Mr X an arrangement cancellation notice in February. Mr X made further payments, but the Council had already cancelled the arrangement. The Council explained the balance passed to its agents, but said Mr X should contact the agents for a breakdown of the current balance.
5. The Council said Mr X could have used its automated call back service and it would have called him back. The Council did not uphold Mr X’s complaint and did not agree it should recall the account from its agent.
6. There is insufficient evidence of fault by the Council to warrant investigation. The Council had obtained a liability order for council tax arrears in court which allowed it to pass the account to enforcement agents. While the Council had agreed a payment arrangement, Mr X missed a payment. The Council advised Mr X the arrangement was cancelled and he had lost his right to pay by instalments. The Council was entitled to pass the account to its agent. The Council explained Mr X could have left a message for it to call him back.

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Final decision

7. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council to justify an investigation.

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Investigator's decision on behalf of the Ombudsman