Summary: We will not investigate this complaint about action taken by the Council to recover Council Tax. This is because it is unlikely that we would find fault.

The complaint

1. Mr X says the Council has unfairly taken enforcement action to recover outstanding Council Tax when he has offered to make payments.
2. He says this is unfair because he is unemployed and enforcement action has led to additional charges of £200, putting him further into debt.

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The Ombudsman’s role and powers

3. 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))

4. We consider whether there was fault in the way an organisation made its decision. 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 Mr X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X had Council Tax debts. The Council engaged enforcement agents to recover these debts.
8. Mr X made a payment agreement with the Council, it then suspended enforcement action.
9. When Mr X did not comply with the agreement, recovery action was reinstated.
10. Mr X complained about the enforcement action going ahead and said the additional fees have increased the amount he owes.
11. The Council has a statutory duty to collect Council Tax. The Council was entitled to refer the debt back to the enforcement agents when Mr X did not comply with the agreed instalment plan.
12. I understand Mr X says this has caused financial difficulty. However, the Council acknowledged that Mr X was unemployed and signposted him to Council Tax Support applications and debt advice services.

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Final decision

13. We will not investigate Mr X’s complaint because it is unlikely that we will find fault.

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Investigator's decision on behalf of the Ombudsman