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Council under fire for bailiff action - 03/04/2009

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A council has come under fire for ordering bailiff action against a woman with cancer who had no money or possessions and was banned from claiming benefits.

 

Local Government Ombudsman chief Tony Redmond criticised Slough Borough Council’s council tax department for failing to suspend bailiff action against the woman when it was advised that she was totally dependent on its own social services.

 

In his report Redmond stated: "It is disappointing that, whilst the council has provided excellent support via its social services department, it also allowed a vulnerable person to be pursued by bailiffs for a debt that she had no means to pay.

 

"Given the evidence that the debtor is ill, prohibited from working or claiming benefits, has no possessions or money, and is totally reliant on support from Social Services, then I think it would have been appropriate for am immediate hold to have been put on all bailiff action."

 

The ombudsman’s report reveals that the woman, given a fake name of Mrs Carter to protect her identity, moved to the UK as a student in 2002. She failed to submit student exemption certificates to the council tax department and therefore built up council tax arrears.

 

In 2006 she became seriously ill leaving her unable to study. Her immigration status prevented her from working or claiming benefits and after a period in hospital for cancer treatment, she became reliant on the council’s social services department, who provided accommodation, a subsistence allowance, and helped her to apply for permission to stay in the UK.

 

The ombudman’s report said Mrs Carter remains unwell and continues to be totally reliant on support from social services.

 

In April 2008 her social worker gave the council tax department evidence of her situation but the department failed to consider the evidence or to pass her case to the council tax welfare team. Instead it instructed bailiffs to collect the council tax arrears, even though it had evidence that she was vulnerable, had no income, and was being supported by a different council department.

 

The ombudsman ruled that if the department had acted on the information provided, then it is unlikely that bailiffs would have been involved and the associated distress avoided. The report revealed Mrs Carter was so scared by the bailiff’s actions that she spent the day hiding in the park.

 

The ombudsman made several recommendations including ordering the council to write off Mrs Carter’s council tax arrears, pay her £250 and implement a written policy on dealing with vulnerable people.

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