Summary: We will not investigate this complaint about the Council’s council tax enforcement action. This is because there is not enough evidence of fault by the Council to warrant investigation. We cannot investigate court proceedings, and Ms X can refer to The Information Commissioner about her request for evidence of the enforcement agent’s visit.

The complaint

1. Ms X complains the Council’s enforcement agent added fees of £235 for council tax recovery in August 2025. However, she says the agent did not send or leave notices as stated and did not visit her home. In addition, she says this is unfair because she had an active payment plan.

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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
• there is another body better placed to consider this complaint, or

(Local Government Act 1974, section 24A(6), as amended, section 34(B)).

3. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended).
4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection or freedom of information. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended).

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How I considered this complaint

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

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My assessment

6. Ms X complained to the Council regarding the matters in paragraph 1.
7. The Council replied explaining the reminders it sent Ms X about late payments before its summons. It said its enforcement agent said Ms X had contacted it to discuss the account before it visited. The agent advised Ms X she could avoid the enforcement fees if she made an arrangement to pay. However, Ms X did not do so. It said following its visit Ms X agreed a payment arrangement.
8. Ms X complained further she had not received a summons, and the Council had not provided proof of delivery. She said the agent had refused to provide evidence of its visit and the Council had not addressed this in its response.
9. The Council replied the agent said it did not have bodycam recordings of the visit. However, it said there were two separate visits by its agents and it had checked its trackers. The agents did not make contact but left a letter. Ms X then set up a payment plan online within 2 hours of visit.
10. The Council declined to respond further to Ms X’s complaint because Ms X made a Subject Access Request for evidence of the agent’s visit.
11. We will not investigate the Council’s actions before the issue of the summons. This is because the is not enough evidence of fault by the Council to warrant investigation. The Council’s records show that some payments were made late or missed. The Council said it sent two reminders before its summons.
12. We cannot investigate the issue of the summons as this is the start of court proceedings. As I explain in paragraph 3, we are not permitted by law to investigate the start of court proceedings.
13. We will not investigate the enforcement agent’s actions because there is not enough evidence of fault to warrant investigation. In addition, Ms X has made a Subject Access Request to the Council for information about the agent’s visit. If Ms X is dissatisfied with the Council’s response to this, she can complain to the Information Commissioner’s Office (ICO). The ICO is the UK regulator for access to information and data protection matters and is better placed to consider any complaint about this.

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Final decision

14. We will not investigate Ms X’s complaint because there is not enough evidence of fault to warrant investigation and we cannot investigate the summons. Ms X can refer to the ICO regarding the Council’s response to her subject access request.

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Investigator's decision on behalf of the Ombudsman