The Ombudsman's final decision
Summary: We will not investigate this complaint about recovery action taken by the Council for council tax arrears as there is insufficient evidence of fault by the Council.
The complaint
Mr X complains about recovery action the Council took when he could not keep up with his council tax payments due to unemployment. Mr X feels this is unfair as he says he had problems making payments via the Council’s website and was unbale to speak to anyone about his case over the telephone. Mr X seeks a refund of the enforcement fees he has paid.
The Ombudsman’s role and powers
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
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
While I recognise Mr X had issues making payments and making contact over the telephone, the Council was within its rights to take the enforcement action that it did. From the information I have seen, it sent the necessary reminders and notices to Mr X in order to start recovery action. It has explained that costs that were added to Mr X’s account were for the summons that was issued, and enforcement fees. The enforcement fees levied were standard fees that are set out in law.
As I have not seen indication of fault by the Council, there are not grounds for us to investigate.
Final decision
We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council in respect of the recovery action it took.
Investigator's decision on behalf of the Ombudsman