Summary: We will not exercise discretion to investigate this complaint about the Council’s recovery of council tax arrears from 2022 onwards. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner. We have no jurisdiction to investigate matters which have been subject to court proceedings.

The complaint

1. Mr X complained about the Council’s recovery of rent arrears from two addresses where he has lived in the past 5 years. He says he paid the due amounts by cheque and that the Council received his payments. He wants the Council to stop any further recovery and to end actions by its enforcement agents and withdraw their costs.

Back to top

The Ombudsman’s role and powers

2. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
3. 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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mr X says the Council has sent enforcement agents to recover debts for unpaid council tax for previous financial years at two addresses he has lived at. He says he paid by cheque to clear the arrears at the time and made a final cheque payment which the Council accepted as full and final settlement.
7. The Council says the cheques Mr X paid were subsequently recalled by his bank and the debts remain for years going back to 2022 for two accounts. The Council obtained liability orders for the debts in 2023 from the Magistrates court.
8. We will not exercise discretion to investigate Mr X’s complaints which were received more than 12 months after the Council’s actions took place. There is no evidence to suggest that Mr X could not have complained to us sooner. The time for receiving complaints is from when someone became aware of the matter they wished to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.
9. We have some discretion to consider older complaints but that would not apply in this case. This is because we cannot investigate complaints about matters which have been subject to court proceedings and a summons and subsequent liability order are proceedings in this case.

Back to top

Final decision

10. We will not exercise discretion to investigate this complaint about the Council’s recovery of council tax arrears from 2022 onwards. This complaint was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner. We have no jurisdiction to investigate matters which have been subject to court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman