Summary: We will not investigate this complaint about the way the Council managed the complainant’s council tax arrears. This is because there is insufficient evidence of fault by the Council and insufficient evidence of injustice.

The complaint

1. The complainant, Ms X, says the bailiffs told her they were increasing her payments due to a change in the legislation, but they have not provided a copy of the new rules. Ms X also says the Council did not set up the direct debit she asked for in April. Ms X wants the Council to waive all her council tax arrears.

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The Ombudsman’s role and powers

2. 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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• any fault has not caused injustice to the person who complained.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Ms X and the Council. This includes the complaint correspondence. I also considered our Assessment Code.

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My assessment

4. Ms X says the bailiffs told her they would have to increase her payments due to a change in the legislation. Ms X complained they did not provide a copy of the new rules. Ms X also complained the Council had not set up a direct debit as requested in April.
5. In response, the Council said the law had not changed and the bailiffs had been referring to a change in their guidance. The Council said her payments were remaining at £20 a month and had not increased. The Council apologised for the bailiffs not making it clear they were referring to their own guidance.
6. The Council explained the situation with Ms X’s other council tax arrears, and invited her to submit details of her income and expenditure and make a payment offer. The Council signposted Ms X to sources of money advice.
7. The Council said it could not set up a direct debit in April because Ms X did not provide her bank details. Ms X set up a direct debit for later in the year, but the first payment failed.
8. I will not start an investigation because there is insufficient evidence of fault by the Council. The Council explained the legislation has not changed and apologised for the bailiffs not making this clear. The Council said the payment had not increased so any lack of clarity has not had an impact requiring an investigation. In addition, the Council explained why it had been unable to set up the direct debit in April.
9. Ms X has referred to some health issues and difficult life events and says she has sent the Council details of all her debts. I appreciate Ms X may be facing some difficulties, but the Council is not required to waive her arrears and there are no grounds for us to ask it to do so.

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Final decision

10. We will not investigate Ms X’s complaint because there is insufficient evidence of fault causing injustice.

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Investigator's decision on behalf of the Ombudsman