Summary: We have no remit to investigate this complaint about the Council’s decision to take the complainant to court for Council tax arrears. This is because it lies outside our jurisdiction.

The complaint

1. Mr X says the Council took him to court under false pretences despite him telling the Council he would not be able to attend. He says he asked for the hearing date to be rearranged but the Council ignored him.

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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How I considered this complaint

4. I considered information provided by Mr X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council has already obtained a Liability Order at court against Mr X. Therefore, we cannot investigate this complaint as it concerns court action. Mr X’s remedy would lie via the courts.

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Final decision

7. We cannot investigate Mr X’s complaint because it concerns matters decided in the courts.

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Investigator's decision on behalf of the Ombudsman