Summary: We will not investigate Miss X’s complaint about the Council’s council tax recovery action. Further investigation by us would not lead to a different outcome than what the Council has already provided.

The complaint

1. Miss X complains about the Council's council tax recovery action. She says the Council failed to update her council tax account after she moved, resulting in incorrect council tax liability and enforcement action against her. She also says the Council failed to consider her vulnerabilities during the enforcement action and that enforcement agents acted in an intimidating and threatening manner.
2. The Council has accepted fault, withdrew the enforcement action and offered Miss X £200 to recognise the distress caused. Miss X says this does not reflect the seriousness of the Council's fault or the distress she experienced. She wants the Council to provide a remedy that better reflects the impact on her.

Back to top

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:

• we could not add to any previous investigation by the organisation, or
• there is another body better placed to consider this complaint, or
• further investigation would not lead to a different outcome.

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

Back to top

How I considered this complaint

4. I considered information provided by Miss X.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. The evidence I have seen shows that enforcement action did not continue for more than a few weeks and the Council took corrective action in a timely manner once it became aware of the error. Whilst I acknowledge the distressed caused to Miss X, it does not appear that enforcement agents collected any payments from her or removed any goods during the enforcement period. I therefore consider the Council’s corrective action and financial remedy to be appropriate and proportionate to the injustice caused. We could not add to their previous investigation or provide a different outcome.
7. If Miss X has concerns about the conduct of the enforcement agents involved in her case, these are better considered by the Enforcement Conduct Board, which provides independent oversight of enforcement agents.

Back to top

Final decision

8. We will not investigate Miss X’s complaint because we could not add to the Council’s investigation or provide a different outcome. Miss X’s concerns about the conduct of the enforcement agents are better addressed by the Enforcement Conduct Board.

Back to top

Investigator's decision on behalf of the Ombudsman