Summary: We will not investigate Ms X’s complaint about the Council’s handling of a council tax debt from 2002 and debt recovery actions. Ms X complains late. The courts have made decisions in the case and we cannot achieve what Ms X wants.

The complaint

1. Ms X complains as a representative and beneficiary of the estate of the late Mr Y that the Council in 2007 placed a charge on a property he had owned. This was due to a council tax debt arising in the years around his death in 2002. Ms X says the Council failed to deal properly with the council tax account and wrongly obtained liability orders. Ms X wants the Council to review the case. She wants information about the original debt, and possible deductions before and during the probate period. Ms X says the Council’s actions increased the debt which became the responsibility of her mother, Mrs Y, and other estate beneficiaries. The Council caused the family trauma. Ms X says she has complained to the Council ‘historically and more recently’ but her issues remain unresolved.
2. Ms X complains the Council in 2018 directed solicitors to recover the debt. Ms X says in 2020 there was a court case against her and Mrs Y, who is also an estate representative, to force sale of the property. Ms X says at court the family signed to pay the debt and the case was dismissed. Ms X says the Council knew she does not admit to owing the money and was still disputing the costs and interest charges. Ms X says the Council’s solicitors adopted an adversarial approach. They had indicated at court a willingness to enter into further discussion about the costs but have not done so. Ms X considers the dispute about costs is ongoing and she wants the Council to review the position.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
6. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

7. I considered Ms X’s information, comments and reply to my draft decision statement. I have discussed the complaint with her by telephone. The information includes complaint correspondence with the Council and some legal documents.

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My assessment

8. I will not investigate this complaint for the following reasons:
9. Events before August 2020 are outside the Ombudsman’s jurisdiction because Ms X complains late and outside the ‘permitted period’ of 12 months (see paragraph 5). This includes the handling of the council tax account, debt recovery, and the final court hearing in June 2020.
10. I will not exercise discretion to investigate for the following reasons:
1. Ms X or Mrs Y could have complained sooner. The High Court made Ms X and Mrs Y representatives of the estate in 2015. Ms X refers to her historic complaints and complaining again more recently. The Council refers to communications in 2007, 2008, 2009 (a complaint) and 2013 (complaint reply to Mrs Y). In 2019 there was a complaint reply on costs and interest which advises the family obtain independent legal advice or go to CAB. There was a complaint reply in 2020 and 2021.
2. The Ombudsman cannot investigate matters which form part of court proceedings which are outside our jurisdiction (see paragraph 4 above). This includes what happened at the final court hearing in 2020.
3. Ms X as a representative of the estate and beneficiary had or has legal remedies against the Council. I consider it reasonable for Ms X to have used those remedies. Ms X says in her reply to the draft decision she believes an application to set aside the liability orders would have a ‘reasonable prospect of success’. The Council has indicated time would now be a problem.
11. I will not investigate the recent period within jurisdiction. It would not be a good use of limited public resources to investigate when so many decisions have been made by the courts. Investigation is not likely to achieve what Mrs X wants which is a review of the case history and cancellation or significant reduction in the costs and interest charged.

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Final decision

12. The Ombudsman will not investigate Ms X’s complaint about the Council’s handling of a council tax debt from 2002 and debt recovery actions. Ms X complains late. The courts have made decisions in the case and we cannot achieve what Ms X wants.

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Investigator's decision on behalf of the Ombudsman