Summary: We will not investigate Mr X’s complaint about how the Council took enforcement action against him. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr X complains the Council has unlawfully taken enforcement action for unpaid council tax. He also complains that the Council did not pause enforcement activity whilst he approached the Ombudsman. He says this has caused him significant emotional distress.

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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 consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended).

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complains the Council has refused to waive the enforcement fee although he has paid his council tax debt. He says the enforcement agents did not fix the enforcement notice to the building properly and therefore he should not be liable for the fee.
7. The Council reviewed footage of the agent affixing the notice and said it did not agree with Mr X. The law says the notice must be in a place where it is likely to come to the attention of the debtor. The notice was wedged between the intercom and the wall next to the front door and therefore likely to come to Mr X’s attention.
8. The Council said it wrote to Mr X about this debt on 19 occasions. It has provided copies of letters sent to Mr X outlining the fees he would have to pay if he did not pay the council tax debt.
9. The fees are in line with national legislation and relate to work already carried out by the enforcement agency. Mr X asked the Council to pause activity during his complaint to the Ombudsman but the Council decided it would not. The enforcement agents were working for the Council to recover debt from Mr X after the Court granted a liability order. The Council was entitled to make this decision.

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Final decision

10. 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