Summary: We will not investigate this complaint about the Council’s recovery action for council tax arrears. This is because there is not enough evidence of fault to warrant investigation.

The complaint

1. Mr X complained the Council unfairly pursued council tax arrears without properly considering his family’s vulnerability and circumstances. He said the Council continued using enforcement agents without considering its discretion.

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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
• further investigation would not lead to a different outcome, (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 and the Council. 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 it had considered the enforcement agent’s records and did not agree it should recall the account. It said the agent had already passed the matter to its welfare team who would monitor the account going forward. The agent had also agreed to reduce monthly payments to a more affordable amount.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman