Summary: We will not investigate Ms X’s complaint about the Council pursuing her for unpaid council tax. This is because Council has taken court action and the law prevents us from considering complaints about matters that are subject to court proceedings.

The complaint

1. Ms X complains that the Council is pursuing her for a council tax debt. She acknowledges she has joint liability but does not believe she should be held responsible for the debt.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.

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How I considered this complaint

5. I considered information provided by Ms X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X has two outstanding council tax debts, one of which is jointly held with her ex-partner.
8. The Council has said she is jointly and severally responsible for the debt in line with council tax legislation.

The Council has commenced legal proceedings to recover both debts. I cannot start an investigation because the law prevents me from considering complaints when legal proceedings have started

9. Ms X had the opportunity to challenge her council tax liability through the Valuation Tribunal Service before legal proceedings began. This is the appropriate route for disputing liability.

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Final decision

10. We will not investigate Ms X’s complaint about the liability of council tax. This is because the law prevents us from considering complaints about matters that are subject to court proceedings.

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Investigator's decision on behalf of the Ombudsman