Summary: We will not investigate this complaint about council tax enforcement action as Mrs X is not caused a significant injustice from the alleged Council fault.

The complaint

1. Mrs X complains the Council took recovery action using enforcement agents (bailiffs) after council tax arrears built up on her account. Mrs X says this happened because she had been unable to set up a direct debit for payments and the Council did not sort this out. Mrs X says she has been caused extreme anxiety and distress and seeks a financial payment from the Council in recognition of this.

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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 any fault has not caused injustice to the person who complained (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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. I recognise Mrs X may have encountered some difficulty in setting up a direct debit and that she considers this was a result of fault with the Council’s online system. However, even if this was the case, I do not agree that any Council fault in this regard led to the injustice Mrs X claims. It is incumbent upon a person liable for council tax to ensure payments are kept up to date and if they are not, then a local authority is empowered to collect the tax via recovery action. The Council offers several other payment methods, including by credit or debit card or via bank transfer. I consider that Mrs X could therefore have paid using an alternative to direct debit payment and had she done so, the need for recovery action would not have arisen. As such, we will not investigate.

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Final decision

6. We will not investigate Mrs X’s complaint because any council fault has not caused her a significant injustice.

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Investigator's decision on behalf of the Ombudsman