London Borough of Bromley (23 010 953)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 05 Nov 2023
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council pursuing recovery action for unpaid council tax through the courts. We have no jurisdiction to investigate complaints about matters which have been subject to court proceedings.
The complaint
- Mr X complained about the Council sending enforcement agents to recover a council tax debt which he says he was unaware of and not liable for.
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)
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
- Mr X says the Council sent enforcement agents to recover council tax arrears from him in 2023 which related to a period in 2020. He says he was unaware of the debt and that he had not received any of the reminders, summons or liability order in previous years.
- The Council says the debt relates to a period in 2020 before a property Mr X owns was rented to tenants. It says he did not provide a different address for the billing and so it was required to serve the documents on the address for which the debt was due. The recovery process was delayed by the COVID-19 pandemic but was recommenced when no payment was received.
- Mr X disputes the validity of the liability order because e says there is no evidence that the court issued the documents on the date claimed. The Council is the billing authority and it says it listed his debt with the court in May 2023 following the issue of a summons. The court approved the list for recovery and it was issued to enforcement agents following this. Mr X has since paid the outstanding tax.
- We have no jurisdiction not investigate complaints about matters which have been subject to court proceedings.
Final decision
- We cannot investigate this complaint about the Council pursuing recovery action for unpaid council tax through the courts. We have no jurisdiction to investigate complaints about matters which have been subject to court proceedings.
Investigator's decision on behalf of the Ombudsman