Council loses control of bailiffs in £10,000 council tax arrears case

Published by 24publishing for 24dash.com in Housing and also in Central Government, Communities, Local Government

A council has been rapped by the Local Government Ombudsman after it lost control of bailiffs it employed to recoup council tax debts totalling some £10,000.

The ombudsman found Blaby Council "did not exercise proper control over its bailiffs' who overcharged for visits and clamped a car that didn't belong to either the homeowner or her partner.

Mrs Smith  - whose council tax arrears built up in the region of £10,000 - complained that bailiffs acted outside the law and overcharged her.

She also complained that the council failed to properly answer her queries and complaints about the issues, including a serious allegation that four bailiffs tried to break into her property and obtained money from her partner by clamping and taking occupation of a car that was not his.

The ombudsman’s investigation found that the council failed to exercise proper control over the bailiffs' actions and the fees they charged. The bailiffs had charged eight visit fees (because Mrs Smith had arrears for eight years: ie there were eight accounts) on two occasions for one visit by one bailiff, and failed to carry out DVLA checks on the ownership of the vehicles.

The council, it said, also failed to properly investigate Mrs Smith’s complaints until she complained to the ombudsman.

These faults, it said, caused Mrs Smith "stress and anxiety".

In response, the council reduced the fees charged and negotiated a new contract with its bailiffs and paid Mrs Smith £300 for the distress and inconvenience that was caused.

Local Government Ombudsman, Dr Jane Martin, said: “I am issuing this report in the public interest because the practice of bailiffs’ ‘double charging’ for visits is not uncommon. These bailiffs were acting on behalf of the council and it was within the Council’s control to contractually curb excessive charges by the bailiffs. I would expect local authorities and their agents to consider the reasonableness of their practice in this area in future and I am pleased that this council has now done so.”

Earlier this month former housing minister Nick Raynsford warned the Government’s planned £500m cut in council tax benefit next April is widely expected to prompt a surge in bailiffs recovering council tax debts.

The Government wants to devolve council tax benefit – claimed by 5.9 million people – locally, requiring councils to set up schemes that will protect pensioners from cuts.

However, they will have to do it with £500m less, as the Government wants to cut expenditure on the benefit by 10%.