Summary: We will not investigate this complaint about Council tax arrears. This is because part of the complaint is late and it would have been reasonable for Ms X to complain to us sooner. Of the remaining elements, there is not enough evidence of fault to warrant out involvement.

The complaint

1. Ms X says the Council did not properly consider her vulnerability when it decided to instruct Enforcement Agents. She said the Council did not respond to her request to set up a payment plan. Ms X said this has caused extreme distress. She wants the Council to stop enforcement action and respond to her to accept a payment plan.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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 has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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))

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How I considered this complaint

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

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My assessment

7. Ms X complained to the Council in 2023 about how it handled her council tax arrears.
8. We will not investigate this complaint. Ms X was aware of the issues in 2023 when the Council provided its complaint response. We expect a person to complaint to us within 12 months of being aware of a matter and Ms X did not complain to us until 2025. Therefore, this complaint is late, and it would have been reasonable for Ms X to have complained to us sooner.
9. Ms X sent a further complaint to the Council in 2026. She said Enforcement Agents continued to pursue her for the Council tax even though she is vulnerable.
10. Ms X informed the Enforcement Agency she is vulnerable and it asked Ms X to provide evidence. Ms X did not respond to the Agencies request.
11. Ms X further complained the Council did not responded to her request to set up a payment plan. The Council said a payment plan was not set up because Ms X did not engage with the Enforcement Agency to set one up.
12. Ms X said the Council has not accepted payments she made. The Council confirmed it received cheques from Ms X that it added to her account.
13. We will not investigate this complaint. This is because the Enforcement Agency are entitled to ask for evidence of vulnerabilities and Ms X did not respond. The Council confirmed it received cheques from Ms X and it added the payments to her account. Therefore, there is not enough evidence off fault to warrant our involvement.

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Final decision

14. We will not investigate Ms X’s complaint because it is late and it would be reasonable for Ms X to complaint to us sooner. Of the remaining element, there is not enough evidence of fault to warrant out involvement.

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Investigator's decision on behalf of the Ombudsman