Summary: We cannot investigate this complaint about the Council’s recovery of council tax arrears through the magistrates court. We have no jurisdiction to consider complaints about matters which have been subject to court proceedings.

The complaint

1. Mr X complained about the Council taking legal action against him and pursuing unpaid council tax through enforcement agents since 2011. He says he informed the Council when he left his ex-partner’s property in 2011.

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The Ombudsman’s role and powers

2. 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

3. I considered the information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has advised Mr X that according to its housing benefit records he left the property in question in 2012. It says unless he can provide evidence to substantiate his claim the debt recovery will continue.
6. We have no jurisdiction to investigate complaints about matters subject to court proceedings and this includes summonses and liability orders issued in pursuit of council tax arrears.

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Final decision

7. We cannot investigate this complaint about the Council’s recovery of council tax arrears through the magistrates court. We have no jurisdiction to consider complaints about matters which have been subject to court proceedings.

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Investigator's decision on behalf of the Ombudsman