Summary: We will not investigate this complaint about the Council not treating Mr X’s household as vulnerable and adapting its recovery of council tax arrears. There is insufficient evidence of fault by the Council.

The complaint

1. Mr X complained the Council did not mark his household as vulnerable. He said he has therefore been wrongly pursued for council tax arrears by enforcement agents. He said this caused him and the person he cares for significant distress. He wanted the Council to suspend enforcement action, apologise, make reasonable adjustments and pay him a financial remedy.

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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 cannot investigate complaints about actions which are not the administrative function of a council. (Local Government Act 1974, section 26(1) as amended).
4. We investigate complaints about councils and certain other bodies. We cannot investigate the actions of bodies such as the Secretary of State for Work and Pensions. (Local Government Act 1974, sections 25 and 34(1), as amended)

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How I considered this complaint

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

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My assessment

7. Mr X complained to the Council about its recovery of several years’ unpaid council tax. He told it the person he provides care for is vulnerable and therefore it should suspend enforcement action against him.
8. Where a council accepts someone liable to pay council tax is vulnerable, there are certain restrictions on the actions enforcement agents may take to recover their debts.
9. The Council explained to Mr X that as the person he cares for does not form part of his household, their vulnerability status does not have any impact on the actions it would take to recover Mr X’s council tax debts. Mr X says this is wrong because he provides care for the person at his home. He says they have been present when enforcement agents have visited and this has caused them distress.
10. Mr X is the person liable to pay council tax for his address. He receives a single person’s discount because he lives alone, and he has not made any assertion he is vulnerable himself. The person he cares for has their own property. Nothing in law requires the Council to apply the restrictions in Mr X’s case.
11. The Council has agreed instalments for some of the liability periods that remain outstanding. Council tax debt for one year’s liability was, until recently, being recovered directly via Mr X’s benefits. The full amount has since been recovered and the Council explained to Mr X it intended to apply to the Secretary of State for Work and Pensions (the SOS) to have another period of liability recovered in the same way.
12. Regulations allow councils to apply to the SOS for payments from benefit towards a council tax debt where they have a liability order. The Council is entitled to take such action.
13. We cannot investigate the SOS’ decision to take payments from Mr X’s benefits, as we do not have the power to investigate the actions of the SOS. There is insufficient evidence of fault in the actions of the Council, and we will not therefore investigate this complaint.

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Final decision

14. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman