Summary: We upheld Mrs X’s complaint about enforcement action related to council tax. The Council agreed to resolve the complaint early by issuing an apology and paying Mrs X a symbolic payment to acknowledge the injustice caused.

The complaint

1. Mrs X complains the Council failed to provide a forwarding address to its enforcement agents for the former occupier of her property. She says because of this enforcement agents attended her property demanding payment for the former occupier’s council tax liability. Mrs X says the Council knew she was the current occupier because she told it on several occasions which it acknowledged. Mrs X says this caused significant disruption to her family life and resulted in severe distress, anxiety and fear. Mrs X wants the Council to issue an apology, pay compensation and ensure that all enforcement action with the former occupier’s council tax liability is removed from her address.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended).

Back to top

How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. If we investigated this complaint, we would likely find fault because in the Council’s complaint response it partially upheld Mrs X’s complaint but did not fully remedy the injustice caused to Mrs X.
6. The Council accepted fault that its enforcement agents had not carried out the appropriate residency check before carrying out enforcement. It apologised, removed all related enforcement action from the address and identified service improvements. However, enforcement agents wrongly attended Mrs X’s property demanding payment for a debt she did not owe. We do not consider the significant avoidable distress Mrs X experienced has been remedied.
7. We therefore asked the Council to consider remedying the injustice caused to Mrs X.

Back to top

Agreed action

8. To remedy the injustice caused, within four weeks of the final decision, the Council has agreed to:
• Apologise in writing to Mrs X for the fault and injustice caused. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology we have recommended.
• Make a symbolic payment of £150 to Mrs X for the avoidable distress caused by enforcement agents wrongly attending her property and demanding payment.

Back to top

Final decision

9. We have upheld this complaint, and the Council has agreed to resolve it early by providing a proportionate remedy for the injustice caused to Mrs X.

Back to top

Investigator's decision on behalf of the Ombudsman