Summary: We will not investigate this complaint about the Council failing to prevent enforcement agents from pursuing a debt while the case was referred to us. There is insufficient evidence of fault to justify an investigation. It is unlikely an investigation by the Ombudsman would add to the Council’s response.

The complaint

1. Mrs X complains that the Council acted wrongly by instructing enforcement agents while her council tax dispute was still open. She complained to us in December 2024, yet enforcement kept pursuing recovery. She also tried to pay in November, but the portal failed. The enforcement agents then demanded £310, and she paid £75 under pressure.

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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))
3. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating
• further investigation would not lead to a different outcome.

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

4. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

7. Mrs X complains that the Council is at fault because enforcement agents continued to pursue recovery despite the case being referred to us.
8. The Ombudsman’s view is councils have a right to pursue a debt which is owed to them even if the case is referred to us. The courts establish whether a person is liable to pay the debt. The Ombudsman can only consider whether the council or its agents have acted properly in the process.
9. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify our involvement. There is not enough evidence of fault in how the Council decided to pursue recovery of the debt while the complaints process was ongoing.
10. Mr X says she tried to pay in November, but the portal failed. The enforcement agent then demanded £310, and she paid £75 under pressure. We will not investigate this part of the complaint. It is unlikely that an investigation by the Ombudsman could add to the Council’s response or lead to a different outcome.

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Final decision

11. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify our involvement and it is unlikely an investigation would add to the Council’s response.

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Investigator's decision on behalf of the Ombudsman