Summary: We will not investigate Mr X’s complaint about the Council’s recovery of his council tax debt. There is not enough evidence of fault to justify us investigating.

The complaint

1. Mr X complains about the Council’s action to recover his council tax debt. He says the current debt repayment arrangement is causing him financial hardship. He wants the Council to agree to a more flexible repayment arrangement.

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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:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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

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My assessment

5. Mr X has a historical council tax debt. The Council previously agreed to a flexible repayment arrangement. Mr X did not adhere to that repayment arrangement. He says this was because he could not set up a direct debit and had to make repayments by phoning the Council. He says long phone waiting times meant he could sometimes not make repayments and this caused him to fall behind.
6. The Council has now resumed normal recovery action. Mr X asked to repay the debt over two years. The Council declined Mr X’s request due to his failure to keep to the prior repayment arrangement. Mr X complains the Council’s refusal is unreasonable.
7. Taxpayers can make payment arrangements to repay council tax debts. However, it will be up to the Council’s discretion what sort of arrangement to accept. Typically, the Council will look to have the debt cleared by the end of the financial year.
8. Based on the evidence I have seen, I am satisfied the Council was entitled to refuse Mr X’s request for a longer repayment arrangement because of the age of the debt and his past repayment history. It is up to each Council to decide what repayment arrangement it will accept. There is not enough evidence of fault to justify us investigating.
9. I recognise Mr X’s difficulties in keeping to the prior repayment arrangement. However, the Council offers several ways to pay council tax, such as online payments or bank transfers. So even if he could not set up a direct debit, I do not consider the Council’s long phone waiting times caused him a significant injustice or prevented him from making repayments under the agreed arrangement, because he still had other ways to pay.

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Final decision

10. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify us investigating.

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Investigator's decision on behalf of the Ombudsman