Summary: We will not investigate this complaint about the Council allegedly obtaining an unlawful liability order against him for unpaid council tax. This is because the issue complained about has been subject to legal proceedings and we have no jurisdiction to investigate in such circumstances.

The complaint

1. The complainant (Mr U) complains about the Council obtaining a liability order for unpaid council tax which he says was done unlawfully. He also complains about the Council’s handling of his complaint, including it not meeting his reasonable adjustments he requested on account of disability.
2. In summary, Mr U feels he is not liable for the council tax set out in the liability order. As a desired outcome, he wants the Council to cancel the liability order, pay him compensation and provide staff training.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide further investigation would not lead to a different outcome, or any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
4. 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

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

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My assessment

6. By law we cannot investigate any matter which has been subject to legal proceedings. When Magistrates’ Court issues a summons for unpaid council tax, the summons marks the commencement of legal proceedings which can be defended as part of these. Once a liability order has been issued, this constitutes a legal debt owed. I recognise what Mr U says about the liability order being made unlawfully, but we have no discretion to investigate a matter once a matter becomes subject to legal proceedings which has been is the case here. Neither can we override a liability order made by the courts.
7. Separately, I note Mr H also complains the Council refused to make reasonable adjustments when he telephoned the Council to make a verbal appeal against the liability order. He says this is because he declined to share the nature of his disability which required such adjustments to be made for. The Council does not accept it breached Mr U’s rights under the Equality Act 2010. Normally we do not investigate complaints about the complaints process where we cannot deal with the substantive issue. In any event, the Council waived the court charges as a good will gesture on account of Mr U’s dissatisfaction. In my view, this provides a sufficient remedy to any fault and injustice suffered and further investigation by us of the issue is unlikely to lead to us recommending a different outcome.

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Final decision

8. We will not investigate this complaint. This is because the restrictions I outline at paragraphs three and four (above) apply.

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Investigator's decision on behalf of the Ombudsman