Overview
The complainant (Mrs C) raised a number of concerns about North Lanarkshire Council (the Council)'s actions in pursuing her for outstanding council tax (arrears). She claimed that the Council were unreasonable and did not take account of her situation as she was on benefits and had a disabled child.
Specific complaints and conclusions
The complaints which have been investigated are:
- (a) failure to give notice before changing payment agreement (not upheld);
- (b) unfair denial of access to a bank account (not upheld);
- (c) failure to provide a corrected statement of arrears (upheld); and
- (d) pressed unreasonably to take action while complaint was the subject of an Ombudsman investigation (not upheld).
Redress and recommendations
The Ombudsman recommends that the Council:
- (i) provide her with details of the protocol they have put in place with the Sheriff Officers for their dealings with the Council's customers;
- (ii) investigate the failure to provide a corrected statement of arrears and take necessary action to ensure that their method of recording arrears is robust;
- (iii) inform her of the outcome of the test case being taken through court;
- (iv) produce a protocol and guidance for staff on the circumstances when an arrestment can be served, including when it could be appropriate to give consideration to lifting and/or waiving an arrestment fee; and
- (v) apologise to Mrs C for the difficulties she has experienced.
The Council have accepted the recommendations and will act on them accordingly.