Summary: We will not investigate this complaint about the Council beginning court proceedings in relation to unpaid council tax. The law prevent us from doing so.

The complaint

1. Mr X complained the Council issued him court summons twice relating to unpaid council tax. He says a tenant moved into his property and they were liable for council tax instead of him. Mr X says the matter has caused him distress.

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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)
4. The law says we cannot normally investigate a complaint when someone can appeal to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mr X says the Council wrongly issued court summons twice relating to council tax he should not be held liable for.
8. The law prevents us from investigating the Council’s decision to begin court proceedings. Mr X also has the right to appeal to a statutory tribunal if he wishes to dispute the decision he was liable for the council tax in question.

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Final decision

9. We will not investigate Mr X’s complaint because the law prevents us doing so. .

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Investigator's decision on behalf of the Ombudsman