Council Criticised for Unnecessary Bailiff Visits: Know Your Rights
Updated for 2026
Council Criticised for Unnecessary Bailiff Visits: What This Means for You
A Government watchdog once criticised Sutton Council after bailiffs turned up at a woman’s home over a simple admin error. The council had failed to update her direct debit details despite being told about the change months earlier. As a result, she was wrongly accused of not paying her council tax, and bailiffs were sent to her door without any prior warning.
The visit left her with hundreds of pounds in additional bailiff fees, none of which should have been applied in the first place. The Local Government Ombudsman investigated and found that the council was at fault on multiple counts: for the original mistake, for allowing fees to be added, and for the reported conduct of the bailiff who attended.
The woman, a self-employed antique dealer, described the experience as “upsetting and distressing” and questioned how many other people might have been treated the same way. Her case highlighted a significant issue with how councils handle enforcement, and it remains just as relevant today.
Why Cases Like This Still Happen in 2026
You might think this kind of mistake would be a one-off, but council tax enforcement errors continue to affect thousands of households across England and Wales every year. Local authorities are under enormous pressure to collect revenue, and the systems they use are far from perfect.
Common problems include:
- Direct debit details not being updated after you notify the council
- Payments being allocated to the wrong account or wrong year
- Letters and reminders being sent to old addresses
- Bailiffs being instructed before you have had a chance to respond to a summons
- Council tax support or discounts not being applied correctly, leading to false arrears
In 2026, with council tax bills rising by up to 5% in many areas, more households are finding themselves in difficulty. The 2026/27 council tax increases have put additional strain on families already stretched to breaking point. When you combine that with administrative errors, the results can be devastating.
What Are Your Rights When Bailiffs Visit?
If a bailiff (officially called an enforcement agent) turns up at your door over council tax, you have clear legal rights. Understanding these can make a real difference to how the situation plays out.
Under the Taking Control of Goods Regulations 2013, bailiffs cannot force entry into your home for council tax debt on their first visit. They must give you at least seven days’ written notice before attending, known as a Notice of Enforcement. If you did not receive this notice, the visit may be unlawful.
Bailiff fees for council tax debt in England and Wales follow a fixed structure:
- Compliance stage: £75 (this is added when the case is passed to the enforcement agent)
- Enforcement stage: £235 (if the bailiff visits your property)
- Sale or disposal stage: £110 (if goods are removed for sale)
Beyond these fixed amounts, bailiffs can also add a percentage fee on debts over £1,500. If you believe fees have been applied incorrectly, or a bailiff has attended without proper notice, you have the right to complain to the enforcement company and your local council.
The Council Is Responsible for Bailiff Conduct
One of the most important findings from the Sutton Council case was that the council itself is responsible for the actions of bailiffs, even after the debt has been passed to an enforcement company. This is a point many people do not realise.
If a bailiff behaves aggressively, adds incorrect fees, or visits without proper notice, the council that instructed them is ultimately accountable. You can complain directly to the council, escalate to the Local Government and Social Care Ombudsman, or seek advice from organisations like Citizens Advice or StepChange.
The Ombudsman recommended that Sutton Council pay £150 in compensation and review all bailiff fee complaints from the previous year. While £150 might seem modest, the ruling established an important principle: councils cannot simply wash their hands of enforcement once they hand a case over.
What to Do If You Are Struggling with Council Tax
If you are behind on your council tax or worried about falling into arrears, there are several steps you can take right now to protect yourself.
Contact your council directly. Most local authorities have hardship teams or payment arrangement departments. They would rather agree a manageable payment plan with you than spend money on enforcement action. Be honest about what you can afford, and ask for a formal arrangement in writing.
Check whether you qualify for council tax reduction. Every council in England runs its own Council Tax Reduction scheme (previously called Council Tax Benefit). If you are on a low income, receiving Universal Credit, or dealing with a change in circumstances, you may be entitled to a discount of up to 100%.
If your debt has become unmanageable, it is worth knowing about formal debt solutions. A Debt Relief Order (DRO) is available if your total debts are under £50,000 and you meet other eligibility criteria. As of 2026, the DRO application fee has been removed entirely, making it free to apply. For larger debts, bankruptcy costs £680 to apply for and may be appropriate if you have no realistic way of repaying what you owe.
Council Tax Arrears and the Enforcement Process
Understanding the enforcement timeline helps you spot errors early and take action before bailiffs get involved. Here is how the process typically works:
- You miss a council tax payment and the council sends a reminder
- If you do not respond or pay within 14 days, a final notice may be issued
- The council applies to the Magistrates’ Court for a liability order
- Once a liability order is granted, the council can instruct bailiffs, make deductions from your wages or benefits, or pursue other enforcement options
- A Notice of Enforcement is sent, giving you seven days before the first bailiff visit
At every stage, you have the opportunity to engage and potentially resolve the issue. The earlier you act, the better. Once bailiff fees start being added, the costs escalate quickly and your options become more limited.
How to Complain About Unfair Bailiff Action
If you believe a bailiff has acted unfairly or your council has made an error that led to enforcement action, you should:
- Write to the enforcement company with details of your complaint, including dates, names, and what happened
- Submit a formal complaint to your local council, referencing any errors on their part
- Contact the Local Government and Social Care Ombudsman if your council does not resolve the issue within eight weeks
- Keep copies of all letters, emails, and payment records as evidence
You do not need to accept fees that have been applied as a result of a council error. The Ombudsman has repeatedly ruled that where the council is at fault, fees should be refunded and compensation considered.
Get Help with Council Tax Today
Cases like the one involving Sutton Council are a reminder that mistakes happen, and when they do, it is ordinary people who pay the price. Rising bills, administrative errors, and aggressive enforcement can leave you feeling overwhelmed, but you do not have to deal with it alone.
Council Tax Advisors specialise in helping households across England and Wales who are struggling with council tax debt. Whether you need help setting up a payment plan, challenging incorrect bailiff fees, or understanding your rights, our team can guide you through the process.
Contact Council Tax Advisors today for free, confidential advice on your council tax situation. The sooner you reach out, the more options you have.





