Summary: We cannot investigate this complaint about the Council commencing legal proceedings in respect of non-payment of council tax by the complainant. The complainant also appealed to the Valuation Tribunal about the matter. We have no legal jurisdiction to investigate once legal proceedings have been commenced, as well as when a complainant appeals to the statutory tribunal.

The complaint

1. The complainant (Mr U) complains the Council issued a court summons for unpaid council tax despite having received student discount certificates earlier. He also complains the Council was uncooperative until the Valuation Tribunal intervened. Mr U says the Council failed to address several key issues, including refunding interest on overpayments and providing an apology.
2. In summary, Mr U says the Council's actions caused significant emotional stress and financial burden. He says he felt intimidated and harassed, with that his wellbeing and daily work was impacted. As a desired outcome, Mr U wants the Council to apologise for its failings and pay him compensation for emotional distress, interest payable on the amounts paid in council tax and for the relevant tribunal fees.

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The Ombudsman’s role and powers

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).
4. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the mat-ter. (Local Government Act 1974, section 26(6), 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. The Council issued Mr U a magistrates’ court summons for unpaid council tax which marks the commencement of legal proceedings. I recognise the points made by Mr U, but this brings the complaint outside our legal jurisdiction. Similarly when Mr U appealed to the Valuation Tribunal, this also brings the complaint outside our legal jurisdiction. We have no discretion to investigate.

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Final decision

7. We cannot investigate this complaint. This is because the restrictions outlined at paragraphs three and four (above) apply.

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Investigator's decision on behalf of the Ombudsman