Summary: We will not investigate this complaint about enforcement of Council Tax arrears. This is because there is not enough evidence of fault to warrant our involvement.

The complaint

1. Mr X says the Council unfairly enforced payment of Council Tax. He says the Council failed to keep accurate records and continued enforcement after he made payments.
2. Mr X says this has caused stress and anxiety for him and his family. He says the Council should remove the enforcement fee, stop all enforcement on his case and pay compensation. He wants to Council to recognise its errors, apologise and ensure such errors do not occur again.

Back to top

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. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mr X entered into an agreement with the Council to pay Council Tax arrears dating back several years.
8. The arrangement stated that if payments were not maintained, the opportunity to pay instalments would be cancelled. The Council would then pass the case to an agent for collection.
9. When Mr X was late making his first payment, the Council cancelled the agreement and started enforcement action, this incurred additional fees.
10. Mr X wrote to the Council to tell it that he was vulnerable and to ask them to halt enforcement action and reimburse fees.
11. The Council proposed a revised payment arrangement. It also asked him to provide supporting evidence so it could review his circumstances and offer support. The Council also signposted Mr X to debt advice organisations.
12. I understand Mr X says this has caused financial difficulty. However, the Council offered payment arrangements, offered to assess whether he is eligible for support and signposted him to debt advice services.
13. The Council has followed its processes and offered Mr X appropriate support. There is not enough evidence of fault to warrant our involvement.

Back to top

Final .

14. We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant our involvement.

Back to top

Investigator's decision on behalf of the Ombudsman