Summary: Ms X complains about the Council’s use of bailiffs to enforce a debt. We will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Ms X complains about the Council’s use of bailiffs to enforce a debt.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. I considered the complainant’s comments on my draft decision.

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My assessment

6. Ms X says that, following the appointment of bailiffs to enforce a council tax debt, she made an agreement to pay the arrears. However, she accepts that she missed a payment of 20 pounds. The bailiffs (acting on behalf of the Council) say that this meant the whole arrears became payable.
7. The Bailiffs say that a compliance letter had been sent after the Liability Order had been obtained. As the agreement had been breached, a bailiff visited Ms X. Ms X says that she did not receive the letter telling her that a visit was to be made. She says that the bailiff failed to comply with social distancing when she came out of her house.
8. The bailiffs say that the bailiff’s bodycam confirms that the bailiff acted properly and with social distancing.
9. The letter advising Ms X of the visit was computer generated (according to the bailiffs). The Ombudsman would not be able to say with certainty whether or not the letter was either sent or not received. However, as the agreement had been breached the bailiffs were entitled to visit to enforce the debt. The visit charge would therefore be applicable. I am satisfied therefore that the significant effect upon Ms X (the enforcement charge of 235 pounds) was made without administrative fault.

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Final decision

10. I do not intend to investigate this complaint because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman