Summary: We will not investigate this complaint that the Council has failed to have regard to the Equality Act in relation to debt recovery. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, Mrs X, complains the Council has not had regard to the Equality Act in relation to recovery of a debt. She says it ignored her health and disabilities. Mrs X would like the Council to write-off the debt.

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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 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 cannot find that an organisation has breached the Equality Act. However, we can find an organisation at fault for failing to take account of its duties under the Equality Act.

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How I considered this complaint

4. I considered information provided by Mrs X and the Council. This includes the complaint correspondence and an update from the Council. I also considered our Assessment Code.

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My assessment

5. Mrs X owes the Council nearly £25,000. The debt accrued from 2018 to 2023 and led to the Council ending a lease in 2023. The Council says it offered a payment plan before ending the lease but says Mrs X did not maintain it and had not made any payments since 2022. The Council offered a new lease if Mrs X cleared the arrears. Mrs X could do not this. She became very ill in 2023 and continues to suffer from health issues.
6. Since 2023 the Council has applied at least three holds on recovery action in recognition of Mrs X’s health, and the case is currently on hold. The Council has offered payment plans, sent reminders, and asked Mrs X to provide financial information. It provided Mrs X with invoices and gave time for her to consider them. The Council had some contact with a relative who was helping Mrs X but says Mrs X did not agree to the Council formally dealing with the relative on her behalf; the Council says this would have relived some of the pressure on Mrs X.
7. The current position is that recovery action is on hold and the Council has not started legal action. The Council has asked Mrs X to provide bank statements so it can consider the next steps. Once it can assess Mrs X’s financial position, including the bank statements, it will decide whether to write-off the debt, offer a payment plan, or consider additional action which could include legal action.
8. Mrs X says the Council has ignored her poor health and disabilities, and the fact she has been unable to deal with this matter due to her health.
9. I will not start an investigation because there is insufficient evidence of fault by the Council. I have considered the Council’s debt recovery policy and there is nothing to suggest its actions have breached that policy. In terms of Mrs X’s health, it has had regard to equality issues by offering repeated holds, offering to deal with a family member, offering payment plans and offering to write-off the debt pending receipt of bank statements and an affordability assessment. There is provision in the debt recovery policy for the Council to write-off a debt and that is still an option. There is evidence the Council has considered Mrs X’s circumstances, including her health.
10. I have not seen anything to suggest the Council has not had due regard to the Equality Act and there is nothing to indicate we need to start an investigation. I appreciate the debt must be stressful but Mrs X can move matters forward, possibly towards a write-off, if she provides the Council with her bank statements.

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Final decision

11. We will not investigate this complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman