London Borough of Brent (23 002 178)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 25 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s recovery of council tax arrears by using enforcement agents to recover liability order debts. The matter has been subject to court proceedings and we have no jurisdiction to investigate.
The complaint
- Ms X complained about the Council sending enforcement agents to recover council tax which it says she owes from previous years. She says she is not liable for the debt and her case should be taken from the agents.
The Ombudsman’s role and powers
- 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)
- The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
- I considered the information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Ms X says she has paid al outstanding council tax on her account, but the Council continues to pursue her for arrears and it has referred the debt to enforcement agents.
- The Council says Ms X has been served with five liability orders obtained in the Magistrates Court and that arrears remain unpaid on two orders for the years 2021-22 and 2022-23. The matter was referred to enforcement agents when payments for these debts were not received.
- We cannot investigate complaints about matters which have been subject to court proceedings. In this case the debts being recovered by the Council had summonses and liability orders issued and are outside our jurisdiction. The Council has advised Ms X that if she wishes to challenge the liability, she may do so by appealing to the Valuation Tribunal which is the proper body to consider disputes about liability for council tax.
Final decision
- We will not investigate this complaint about the Council’s recovery of council tax arrears by using enforcement agents to recover liability order debts. The matter has been subject to court proceedings and we have no jurisdiction to investigate.
Investigator's decision on behalf of the Ombudsman