The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about poor communication, as there is insufficient evidence of fault to justify an investigation by the Ombudsman.
The complaint
Ms X complains about poor communication around the collection of Council Tax. She says the Council took enforcement action even though she had an open complaint with it.
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained the Council did not give her sufficient opportunity to understand the debt she owed before it instructed enforcement agents. The Council explained it had sent her an invoice, reminder and final notice for Council Tax owed over the previous two years. It also wrote to her before passing the letter to the enforcement agents but did not receive any payment.
Ms X complains about the documents the Council provided in relation to the Court Summons and the Liability Order. The law says we cannot consider matters from the service of the summons to the end of the hearing.
Ms X complained the Council started enforcement activity even though it was considering her complaint. The Council confirmed it had placed the account on hold while it considered her complaint.
Ms X says she wants the enforcement fees removed. The Council offered to remove the fees if Ms X set up an Attachment of Earnings Order.
I will not investigate this complaint. The Council has provided Ms X with an invoice, reminder and final notice. Ms X made no payment for two years. We look at the processes an organisation followed to make its decision. The Council followed its processes correctly.
Final decision
We will not investigate Ms X’s complaint because there is not enough evidence of fault.
Investigator's decision on behalf of the Ombudsman