Summary: We will not investigate this complaint about council tax recovery action. This is because there is not enough evidence of fault by the Council.

The complaint

1. Mr X complains the Council passed his council tax arrears to its enforcement agent and started pursuing recovery without any warning. He said the Council had agreed in 2024 to make deductions from his benefits.

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

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My assessment

4. Mr X complained to the Council regarding the matters in paragraph 1.
5. The Council replied that
• the £100 liability order costs from 2024 were valid court‑approved enforcement costs.
• the Department of Work and Pension refused to make deductions from his benefit and it did not provide a reason for this.
• It was not required to contact Mr X again after the liability order was granted about the change in recovery method.
• The enforcement agent confirmed Mr X had made a an arrangement to pay.
6. There is not enough evidence of fault by the Council to warrant an investigation. When a Council obtains a liability order it can take recovery action by a number of different methods. The Council could not take decisions from Mr X’s benefit. The liability order still had a balance outstanding which Mr X had been aware of from 2024. The Council was not required to contact Mr X again before it passed the account to its agent.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman