Summary: We will not investigate this complaint about the Council adding recovery costs to a council tax demand which Mr X says he did not receive. We have no jurisdiction to investigate complaints about matters which have been subject to court proceedings. There is insufficient evidence of fault in the Council’s billing process prior to the proceedings.

The complaint

1. Mr X says the Council failed to notify him of a council tax bill for a property which he owns. He was billed for a period as a landlord following a change of tenancy in a property. He says he had previously received bills by email but did not do so for this debt. He also complained about being unable to attend the liability hearing because his request was not processed in time.

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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)
3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

6. Mr X says he received a summons and subsequently a liability order for unpaid council tax on a property which he was renting to tenants. The tenancy changed and he was liable for a period before the new tenant moved in. He says he did not receive any bills or reminder about the debt. He paid the outstanding amount but the Council obtained a liability order from the magistrates court and he remains responsible for the summons and order costs.
7. The Council says Mr X’s previous online billing had defaulted to postal contact when it was not renewed. The Council says it posted the bills and reminders and once posted are considered served.
8. We cannot investigate complaints about matters which have been subject to court proceedings. In the case of council tax this process starts with the issue of a summons. The Council did show Mr X copies of the correspondence which he says he did not receive and they were correctly addressed. Under the provisions of the Interpretation Act 1978 any notice issued by an authority is deemed served once it is posted.
9. The Council says although Mr X was unable to attend the court his grounds for non-payment being non -receipt of the demands is not a defence in law. The provisions of the Local Government Act 1974 prevent the Ombudsman from investigating matters related to the commencement of court proceedings. This applies from the issue of a summons in council tax cases.

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Final decision

10. We will not investigate this complaint about the Council adding recovery costs to a council tax demand which Mr X says he did not receive. We have no jurisdiction to investigate complaints about matters which have been subject to court proceedings. There is insufficient evidence of fault in the Council’s billing process prior to the proceedings.

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Investigator's decision on behalf of the Ombudsman