Summary: We will not investigate this complaint about the Council’s recovery action in relation to Ms X’s council tax arrears. This is because there is not enough evidence of fault to justify our involvement.

The complaint

1. Ms X complains the Council’s enforcement agent took recovery action without any warning and added fees. She says the agent lied about earlier communications, and said it had not received her income and expenditure form, when she believed it had. This has caused her stress and anxiety.

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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)).

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How I considered this complaint

3. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

4. Ms X complained to the enforcement agent and Council regarding the matters in paragraph 1.
5. The enforcement agent replied explaining that it sent four letters to Ms X before it visited her and added fees. It said Ms X then contacted the agent and offered to pay £50 per month. The agent said it received bank statements but no income and expenditure form from Ms X. it asked her for evidence she had sent the form or she could complete further form.
6. Ms X says the agent had admitted in a text that the head office was behind in sending first visit letters. However, there is not enough evidence this affected Ms X’s account, and in any case other letters were recorded as sent before this. There is not enough evidence the agent gave false information about the non receipt of an income and expenditure form to warrant investigation.

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Final decision

7. We will not investigate Ms X’s complaint because there is not enough evidence of fault to justify investigation.

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Investigator's decision on behalf of the Ombudsman