Summary: Ms X complains about the Council’s refusal to take a Council tax debt back from the bailiffs. We will not investigate this complaint because there is no evidence of fault by the Council.

The complaint

1. Ms X complains about the Council’s refusal to take a debt back from the bailiffs.

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The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.
5. The complainant had the opportunity to comment on a draft of my decision.

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My assessment

6. Ms X says that she mistakenly failed to make a Council tax payment and, as a result, the Council obtained a Liability Order and passed the debt to bailiffs.
7. The Council says that the Liability Order meant that the debt could be passed to bailiffs who collect debts on behalf of the Council.
8. Ms X asked the Council to use their discretion to recover the debt. The Council considered this but said that, as the debt was with the bailiffs, it was now a matter between Ms X and the bailiffs to agree a rate of recovery.
9. I sympathise with Ms X’s position but there is no evidence of administrative fault by the Council and so the Ombudsman cannot investigate this matter.
10. Ms X can seek advice from her local Citizen’s Advice regarding negotiation with the bailiff to avoid further fees.

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Final decision

11. We will not investigate this complaint because there is no evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman