The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s handling of her council tax arrears. The Council has upheld her complaint and acted to remedy the injustice caused. It is unlikely an investigation would lead to a different outcome.
The complaint
Ms X complains the Council wrongly obtained a liability order for council tax arrears, in breach of the terms of a debt respite scheme. It then instructed its enforcement agents to pursue her for the debt. She says this caused distress. She wants the Council to provide suitable compensation for the distress caused and clarify her outstanding debts.
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 further investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In its complaint responses, the Council accepted it should not have applied for the liability order as, at that time, she was protected from enforcement action under the terms of a debt respite scheme. It apologised for its actions and any inconvenience and distress caused. It said to remedy the complaint it would: Recall all her debt accounts from its enforcement agents; Remove the court costs from her balance; Remove an additional £190 of court costs by way of an apology; and Write off the debt for the account where the liability order was wrongly obtained.
It set out her outstanding debt balances and invited her to propose a repayment plan. It also set out the actions it had taken to improve its service and prevent recurrence of the fault.
We will not investigate this complaint. Although I accept this matter is likely to have caused Ms X distress, the Council has upheld her complaint and taken suitable action to remedy the injustice caused and prevent the fault recurring. It is unlikely an investigation by us would lead to a significantly different outcome.
Final decision
We will not investigate Ms X’s complaint because it is unlikely an investigation would lead to a different outcome.
Investigator's decision on behalf of the Ombudsman