Summary: We will not investigate this complaint about fees the Council’s enforcement agents charged when collecting a council tax debt. This is because most of the complaint is late and there are no good reasons to investigate it now. For the more recent events, there is insufficient evidence of fault.

The complaint

1. Miss X complains about the fees and charges enforcement agents, acting on behalf of the Council, added to her council tax debts between 2020 and 2024. She also complained about how staff working for the enforcement agents acted.
2. Miss X says the fees caused her additional financial hardship and how the enforcement agents acted caused her avoidable distress and upset. She wants the Council to refund the fees and pay her a financial remedy.

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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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council, or an organisation acting on its behalf, has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

8. Miss X complained to the Ombudsman in early 2025. Therefore, her complaint about events before early 2024 is late. We can only investigate late complaints if we decide there are good reasons.
9. It is clear Miss X knew about her concerns about the enforcement agents at the time these happened. I am also satisfied Miss X had information about the fees the enforcement agents added at the time. Miss X had extensive contact with the enforcement agents between 2020 and 2023. There is no reason Miss X could not have complained about her concerns at the time and I do not consider there are good reasons to investigate any late complaints now.
10. In any case, including events from 2024 onwards, it is unlikely we would find fault with the fees the enforcement agents added to Miss X’s debt.
11. The law allows enforcement agents to add a ‘compliance stage’ fee for handling each liability order a council sends for enforcement. The evidence suggests the Council obtained several liability orders for unpaid council tax between 2020 and 2022. The enforcement agents were entitled to add a compliance fee each time the Council asked it to enforce a new liability order.
12. Enforcement agents can also add ‘enforcement stage’ fees when they take enforcement action, such as visiting someone’s home to try to collect the debt. The enforcement agents added two enforcement fees to Miss X’s debts. These were added several years apart. Although Miss X had payment plans in place for some of her debts, the enforcement agents were still entitled to undertake visits for newer debts.

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Final decision

13. We will not investigate Miss X’s complaint because most of her complaint is late and there are no good reasons to investigate it now. For the more recent events, there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman