The Ombudsman's final decision
Summary: We will not investigate this complaint about bailiff action for council tax arrears. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, Mr X, says the Council wrongly accused him of breaking a council tax arrangement and then charged additional bailiff fees. Mr X wants an apology and for the Council to remove the additional fees.
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 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))
How I considered this complaint
I considered information provided by Mr X and the Council. This includes the complaint correspondence including information from the bailiffs. I also considered our Assessment Code.
My assessment
The Council asked bailiffs to collect council tax arrears on its behalf. The bailiffs made a payment plan with Mr X. The bailiffs say Mr X missed the payment due in May although Mr X denies this.
On 5 June the bailiffs wrote to Mr X about the missed payment and asked him to get in touch within seven days to pay the full balance or make a new arrangement. The letter said the bailiffs would take further action if Mr X did not reply.
Mr X did not get in touch so the bailiffs visited on 24 June and charged a visit of fee of £235.
Mr X immediately made a payment to the Council and the Council asked the bailiffs to put a hold on the account. Mr X made a new arrangement with the bailiffs but complains the Council will not waive the visit fee.
Mr X made a new complaint about the conduct of the bailiff. The Council is still considering this complaint.
I will not investigate this complaint because there is insufficient evidence of fault by the Council (when bailiffs act on behalf of a council, the council has ultimate responsibility for the complaint). I do not know what happened to the May payment; the bailiff records show it was not paid but Mr X says he did not break the arrangement. However, regardless of what happened to the payment, the bailiffs wrote to Mr X in June to alert him to the issue and to give him the opportunity to bring the account up to date and avoid additional action and fees. Mr X did not contact the bailiffs so there is no suggestion of fault in the bailiffs visiting Mr X and the fee of £235 is the amount stated in the regulations.
Mr X has expressed dissatisfaction with the communications between himself and the Council/bailiffs while he tried to resolve the situation and challenge the fee. I have not seen anything to suggest we need to start an investigation and I cannot investigate any of the issues which form part of the new complaint which the Council is still considering.
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