The Ombudsman's final decision
Summary: We will not investigate this complaint about enforcement action the Council took. There is not enough evidence of fault in the Council’s decisions to issue a court summons nor to instruct enforcement agents to justify us investigating, and we cannot achieve the outcome that Mr Y wants.
The complaint
Mr Y complained the Council was too hasty in applying for a Liability Order after he did not pay the first instalment of council tax, and then instructed recovery agents after the court granted a liability order.
Mr Y said he felt bullied by the Council’s actions which have caused financial hardship.
Mr Y wants the Council to end recovery action, wipe the extra costs he has incurred because of it, and agree a payment plan directly with him.
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, or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr Y and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr Y received his council tax bill a month before the first instalment was due.
Mr Y did not pay the first instalment. A week later, the Council sent him a reminder. The reminder said that if the first instalment was not paid within seven days the full annual amount would be due, the Council would seek a liability order and could instruct enforcement agents to recover the debt.
Mr Y did not pay the first instalment in the timeframe the Council sought. The Council issued a court summons.
The Council then contacted Mr Y two weeks later to offer a payment plan which would end the liability order proceedings. Mr Y responded to say he disputed the summons and did not accept the payment plan.
We will not investigate this part of Mr Y’s complaint. Given that Mr Y did not respond to the council tax bill, the reminder, or the court summons, there is not enough evidence of fault in the Council’s decision to pursue a liability order to justify us investigating.
Once the court granted the liability order, the Council instructed enforcement agents to take recovery action. This is in line with the Council’s policy. We will not investigate this part of Mr Y’s complaint. There is not enough evidence of fault in the Council’s decision to instruct enforcement agents to justify us investigating.
We also cannot achieve the outcome that Mr Y wants. We cannot command the Council to wipe any charges it has applied to his account.
Final decision
We will not investigate Mr Y’s complaint because there is not enough evidence of fault in the Council’s decisions to issue a court summons nor instruct enforcement agents to justify us investigating, and we cannot achieve the outcome that Mr Y wants.
Investigator's decision on behalf of the Ombudsman