The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s decision to decline his application for council tax support, and its decision to recover overdue council tax via an Attachment of Earnings. This is because there is not enough evidence of fault to warrant an investigation.
The complaint
Mr X complains that the Council are illegally recovering overdue council tax through an Attachment of Earnings (AOE). He feels that the deduction from his wages has put him into financial difficulty and strained his relationship.
Mr X also says that the Council refused his application for council tax support under Section 13A of the Local Government Finance Act 1992. He says the Council did not tell him why it refused his application.
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 (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.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X complains that the Council is deducting money from his wages via an AOE. The deductions are for overdue council tax. He feels the AOE is illegal and said the deductions have caused him financial and personal hardship.
However, the Council obtained a liability order from the court in 2024. The order gave the Council permission to recover the outstanding council tax through a variety of methods, including an AOE.
I have therefore not found enough evidence of fault with the Council’s decision to use an AOE because it is allowed to use this method to recover the outstanding council tax. Where the Council has made a decision properly, we cannot question the merits or outcome of the decision.
Mr X also complains that the Council refused his application for section 13A application for council tax support. He says the Council has not told him why it rejected his application.
Although I note his concerns, I can see that the Council have already advised Mr X that it did receive his application for support. The Council then asked him for further documents by 10 June 2024. Mr X did not provide the requested information, and the Council closed his application without further consideration.
I have not seen enough evidence of fault with the Council’s decision to close his application for council tax support without consideration. This is because it had advised Mr X to provide the requested information by the deadline or his application would be closed.
Final decision
We will not investigate Mr X’s complaint because there is not enough evidence of fault to warrant an investigation.
Investigator's decision on behalf of the Ombudsman