Royal Borough of Windsor and Maidenhead Council (19 010 371)

Category : Benefits and tax > Other

Decision : Not upheld

Decision date : 15 Jun 2020

The Ombudsman's final decision:

Summary: Mrs X complains about the Council’s actions in recovering a council tax debt. She says she has suffered financial loss and distress. The Ombudsman finds no evidence of fault by the Council.

The complaint

  1. Mrs X complains:
    • the Council was wrong to obtain a liability order in September 2018.
    • about the actions of the Council appointed bailiff on 19 March 2019.
    • the Council failed to address her complaint properly or provide information requested.
  2. Mrs X says she has suffered financial loss and distress as result of the Council’s actions.
  3. Mrs X also complains:
    • the Council failed to comply with a Subject Access Request.
    • the Council clamped Mr Z’s car.
    • about the actions of the Council’s bailiff on 20 August 2019 and 9 March 2020.

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What I have investigated

  1. I have investigated the complaints set out at paragraph 1. At the end of this decision I have set out why I have not investigated other matters.

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The Ombudsman’s role and powers

  1. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
  2. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe the fault has not caused injustice to the person who complained, or there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)
  3. The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the council of the complaint and give it an opportunity to investigate and reply (Local Government Act 1974, section 26(5))
  4. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

  1. I spoke to Mrs X and I reviewed documents provided by Mrs X and the Council. I gave Mrs X and the Council the chance to comment on a draft of this decision and I considered any comments provided.

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What I found

  1. A council must first issue a council tax bill or demand for payment allowing at least 14 days for payment.
  2. If payment is not made a council must send at least one reminder and allow at least 7 days for payment.
  3. If payment is still not made the full balance then becomes due. The council can complain to the Magistrates’ Court which will issue a summons to the debtor to attend a hearing. The Magistrates’ Court will then hold a hearing to decide whether to issue a liability order.
  4. The Ombudsman cannot question the decision of the Magistrates’ Court.
  5. The Ombudsman considers it is good practice for councils to write to council tax debtors after the liability order has been made to warn them the warrant is being passed to a bailiff, with a note of the costs that will become due.
  6. There are three stages a bailiff will take to recover the debt.
  7. The bailiff must first issue a notice of enforcement under the compliance stage. Bailiffs will charge a fee of £75 for this.
  8. After at least 7 days have passed bailiffs can take control of goods. This is the enforcement stage. The fee for this is £235.
  9. The final stage is the sale or disposal of goods. The fee for this is £110.
  10. These fees are set under the The Taking Control of Goods (Fees) Regulations 2014. This says bailiffs may recover their fees from the amounts paid by the debtor. It also says any dispute about the fees recoverable should go to court.

The Tribunal Courts and Enforcement Act 2007 schedule 12

  1. Bailiffs have power to enter any premises which they reasonably believe the debtor usually lives at.
  2. If asked, the bailiff must show the debtor and any person who appears to be in charge of the premises evidence of his identity and authority to enter.
  3. If the premises are occupied by any person apart from the debtor, the bailiff must leave at the premises a list of any goods he takes away.
  4. The bailiff must leave the premises as effectively secured as he finds them.
  5. The bailiff can only take control over goods belonging to the debtor.

The Taking Control of Goods Regulations 2013

  1. Entry to premises should be by the normal means of entry, that is through doors, gates and so on. Entry should be peaceable, so not feet in the door or pushing past people.
  2. A bailiff may only use reasonable force (with the approval of a court) to enter a premises if the debt they are collecting is a Magistrates Court or High Court debt.
  3. A bailiff must produce an inventory to include a list of any items taken control of.

What happened

  1. The Council issued Mrs X a council tax bill on 1 April 2018.
  2. Mrs X and the Council agreed a payment arrangement.
  3. Mrs X did not make a payment in August 2018 as agreed and the Council sent a reminder.
  4. Mrs X still did not make payment and so the Council sent her a default notice. This said the full sum was due and if unpaid it would take further action.
  5. Mrs X did not make payment and the Council complained to the Magistrates’ Court.
  6. The Court issued a summons to Mrs X on 1 September 2018.
  7. The Court issued a liability order against Mrs X on 28 September 2018 for £1067.50.
  8. On 5 October the Council wrote to Mrs X explaining the Court had issued a liability order. The Council warned it would take enforcement action if she did not pay the amount due in full or arrange to pay.
  9. Mrs X made a payment to the Council but left an outstanding debt of £747.50. The Council says it then offered a payment arrangement to clear this debt.
  10. In January 2019 the Council sent a reminder to Mrs X as she had not made a payment as due. Mrs X still did not make payment and so the Council sent her a default notice. This said she should pay the full sum due or it would take recovery action.
  11. In February 2019 the Council referred the debt to bailiffs.
  12. The bailiffs issued a notice of enforcement on 19 February 2019. This incurred a fee of £75 in line with the Regulations.
  13. On 12 March a bailiff visited Mrs X’s property under the enforcement stage. This incurred a fee of £235 in line with the Regulations.
  14. On 14 March Mrs X paid £747.50, leaving an outstanding debt of £310.
  15. On 19 March a bailiff visited Mrs X’s property again. The Council has provided a detailed account of the bailiff’s visit based on its review of his body camera footage. I have also reviewed this footage and I note the following key points:
    • The bailiff knocked on the front door to see if anyone was home.
    • He opened the garage door, which was unlocked.
    • He immobilised a car on Mrs X’s drive in order to take control of it.
    • A third party, Mr Z, came out from Mrs X’s home and was abusive to the bailiff, who called the police.
    • It is not clear from the footage if Mr Z asked the bailiff for his ID but he had sight of his lanyard. The Council says this was the bailiff’s ID.
    • The bailiff left the property until the police arrived. He then returned.
    • The bailiff entered the property through an unlocked garage and unlocked internal door. No-one was in property at that time.
    • The bailiff told the police he would check Mrs X’s mail for her phone number.
    • He picked up envelopes that were already open and looked at the documents within.
    • There is no footage that shows the bailiff opening any mail or removing any items from the property.
    • The bailiff closed the front door and garage door on leaving.
  16. Mrs X was not present at the time but has provided her own account. She says:
    • The bailiff tried to hide his ID from Mr Z.
    • He forced entry to the garage.
    • He removed items without listing them.
    • He did not secure her property on leaving.
  17. On 20 March Mrs X complained to the Council about the bailiff’s actions and asked for a copy of his body camera footage. She said she had paid £747.50 on 14 March and so the Council should not have taken enforcement action.
  18. The Council told Mrs X she had to pay the outstanding council tax debt and the bailiff’s fees. The bailiffs also wrote to Mrs X setting out the actions of its bailiff (as described above) and explaining its fees. It confirmed it would provide the body camera footage to the police upon request.
  19. Mrs X disputed liability, insisting she made council tax payments on time. She also disputed she had to pay enforcement fees as she cleared all sums owed before enforcement action. (I note that even if the bailiffs did not visit on 12 March Mrs X would still have owed £75). Mrs X repeated her allegations about the bailiff’s behaviour.
  20. The Council responded to Mrs X on 31 May. It detailed her council tax payments and the steps taken before obtaining a liability order to show it had acted correctly. And, it suggested the bailiffs acted correctly in waiting to share the body camera footage with the police. The Council told Mrs X she could contact the Ombudsman if she remained unhappy.
  21. The bailiffs also wrote to Mrs X to say its investigation was complete and it had found no wrongdoing. It confirmed it would take action to collect the outstanding debt.
  22. On 21 August Mrs X complained to the Council about the actions of a bailiff on 20 August 2019. She said he refused to provide ID or a copy of the liability order. He refused to leave and assaulted her, resulting in her calling the police. Mrs X asked the Council to provide a copy of the bailiff’s investigation and any video footage or other evidence. She said she had not received a response to her last complaint.
  23. The Council provided Mrs X with a copy of its letter of 31 May. It explained the bailiffs were aware she paid £747.50 on 14 March however that still left an outstanding debt of £310 and it was lawful for the bailiffs to pursue this. It told Mrs X to complain to the bailiffs directly regarding the incident on 20 August and the bailiffs would then provide the Council with a copy of their investigation. The police would secure any relevant evidence.
  24. Mrs X then complained to the Ombudsman.
  25. When I spoke to Mrs X she said she did not complain to the bailiffs about the incident on 20 August as she thought the Council would deal with this complaint.

Findings

  1. The Council has provided an account of Mrs X’s council tax payments and detailed the reminders and notices sent before it obtained a liability order. I am satisfied the Council followed the correct process in obtaining a liability order and therefore I do not find it at fault.
  2. I have reviewed the bailiff’s body camera footage of 19 March 2019. There is no evidence the bailiff failed to follow the correct procedures or acted improperly. I therefore find no fault. I note Mrs X maintains the bailiff stole some of her possessions. However, I did not see any evidence of this in the body camera footage.
  3. I also recognise Mrs X is upset the bailiff looked at her mail items however, only the police can say if this action amounts to a criminal act. I do not consider this amounts to maladministration or a service failure as the bailiff provided justification for his action, namely that he was looking for a contact number for Mrs X.
  4. Having reviewed the correspondence exchanged I consider the Council and bailiffs adequately addressed Mrs X’s complaint. As Mrs X said she had contacted the police I would expect the bailiffs to provide any evidence directly to the police as they said.
  5. I note Mrs X asked the Council for a copy of the bailiff’s investigation. It appears the Council misunderstood this to refer to the incident of 20 August. In any event I am satisfied the Council and bailiffs provided a detailed account of the bailiff’s actions on 19 March that corresponds with the body camera video footage. I therefore find no fault causing injustice.
  6. The Council and bailiffs confirmed they found no evidence of wrongdoing, the outstanding debt remained payable and the bailiffs would take action to collect this. I therefore find no fault in the bailiffs seeking to recover the outstanding debt even though Mrs X had contacted the Ombudsman.

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Final decision

  1. I find no evidence of fault in the Council’s actions to recover a council tax debt.

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Parts of the complaint that I did not investigate

  1. I did not investigate Mrs X’s complaint the Council failed to comply with a Subject Access Request as the Information Commissioner’s Office is the appropriate body to deal with such complaints.
  2. I did not investigate the complaint concerning Mr Z’s car as that did not cause Mrs X any injustice and Mr Z can complain himself if he wishes.
  3. I did not investigate Mrs X’s complaints about the behaviour of the Council’s bailiffs on 20 August 2019 and 9 March 2020. This is because it is reasonable to give the Council the opportunity to investigate and respond to the complaints. If Mrs X remains unhappy at the end of the Council’s complaints process she can contact the Ombudsman again and we will consider if we are able to investigate.

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Investigator's decision on behalf of the Ombudsman

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