Summary: We will not investigate Mr X’s complaint about an attachment of earnings order. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains the Council sent an attachment of earnings order to his employer without his consent. He says this caused him embarrassment in his workplace.

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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), section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In October, Mr X received a summons for unpaid council tax. The Council said Mr X told it he would pay and told it the name of his employer. It says it told him it could arrange an attachment of earnings order. It says the summons includes information about this.
6. At the end of November, the court granted a liability order. Mr X did not make any payments.
7. In February, the Council issued an attachment of earnings order to Mr X’s employer. Mr X made payments and cleared the debt. The Council wrote to his employer to say the attachment of earnings order had been cancelled.
8. Based on the information I have seen, the Council has acted in line with its legal duties. The Council followed the appropriate procedures and I cannot, therefore, criticise it.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman