Summary: We cannot by law investigate this complaint about the Council seeking to recover an amount in unpaid council tax. This is because the Council has sought a liability order from the courts in relation to the amounts. We have no jurisdiction to investigate any matter which has been subject to legal proceedings.

The complaint

1. The complainant (Miss V) complains the Council is wrongly pursuing her for historical arrears in relation to council tax. She says the alleged debt relates to a period between 2006 and 2007. Miss V also says she feels threatened and harassed to pay and the issues raised are a cause of significant distress and upset. As a desired outcome, she wants the Council to waive the amounts.

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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 information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

4. The Council obtained a liability order from the courts in respect of the amount in unpaid council tax. Further, it subsequently obtained an attachment of earnings order from the courts as a means of enforcing the debt. The amounts and issue of liability have therefore been subject to legal proceedings. We have no jurisdiction to investigate any matter which has been subject to legal proceedings. The restriction I outline at paragraph two (above) applies.

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Final decision

5. We cannot by law investigate this complaint because the issues raised have been subject to court action.

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Investigator's decision on behalf of the Ombudsman