The Ombudsman's final decision
Summary: We will not investigate this complaint about bailiff fees for council tax arrears. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, whom I refer to as Mr X, complains about bailiff fees. He says the Council did not give clear information. Mr X wants a £215 refund.
The Ombudsman’s role and powers
The Ombudsman investigates 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))
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the complaint correspondence. I also considered our Assessment Code and invited Mr X to comment on a draft of this decision.
My assessment
Council tax must be paid as billed. If people do not pay the Council can serve a summons and obtain a liability order. Costs are incurred when the Council serves a summons. If the person continues not to pay the Council can pass the account to bailiffs. Bailiffs charge a compliance fee of £75 which must be paid in addition to the council tax. Bailiffs charge additional fees for further enforcement action. The fees are listed in the regulations.
Mr X bought a house in October 2021. He registered for council tax but thought he could pay at the end of the financial year. He spent a month in the house from October but then moved out for renovations. The Council sent a council tax bill in October for £757. Mr X was required to make monthly payments from 1 November.
Mr X did not pay any council tax until April. He says he did not see the letters because he was not living in the property. In the meantime the Council sent a second bill, a reminder, a summons and obtained a liability order.
The Council made a payment arrangement starting from January. Mr X did not keep to the arrangement so the Council passed the debt to bailiffs in March. The bailiffs sent a notice to Mr X saying he owed £832 in council tax and had incurred a £75 compliance fee. The bailiffs asked Mr X to make a payment plan by 16 March.
In April the Council slightly reduced the council tax to £818 and notified the bailiffs. This meant Mr X owed £893 (council tax plus compliance fee). Mr X paid £818. The bailiffs visited in May and charged an enforcement fee of £235. This was because Mr X had not paid the sum due of £893.
Mr X says the Council did not provide clear information. He says he was asked to pay £818 and that is what he paid. He wants the Council to refund the £215.
I will not investigate this complaint because there is insufficient evidence of fault by the Council. The Council told Mr X what he needed to pay and by what date. The bailiffs explained he needed to pay the compliance fee and said they would take further action if he did not pay the stated amount. Mr X did not pay as billed so there is no suggestion of fault in the Council instructing bailiffs or the bailiffs charging fees. It is unfortunate Mr X did not see some of the bills but the Council was not provided with a correspondence address and the first bill was sent in October when Mr X says he was at the property.
Final decision
We will not investigate this complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman