Summary: We will not investigate Ms X’s complaint about council tax arrears. This is because part of the complaint is late and because the case has been heard in court and the debt confirmed.

The complaint

1. Ms X complains the Council should have transferred liability for the council tax debt to her ex-husband when she contacted it in November 2023 Ms X complains that the case was referred to court and that she should have been allowed to delay the hearing date.

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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 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)
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 Ms X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. In November 2023, Ms X says she found out she owed council tax on a property she still jointly owns with her ex-husband.
8. The Council applied to the court for a liability order to recover the debt. A hearing was set for November 2024. Ms X asked to change the hearing date.
9. The Council says the court considered Ms X’s request but decided the legal test for making a liability order had been met.
10. The Council told Ms X, according to the law, she is jointly and severally responsible for the debt.
11. I will not investigate Ms X’s complaint about how the Council dealt with matters when she first contacted it in November 2023. This element of her complaint is late and I see no good reason why she could not have contacted the Ombudsman sooner.
12. I cannot start an investigation into the whether Ms X is liable to pay the debt, the Council’s decision to commence court proceedings or its refusal her request to delay the hearing. The court issued liability orders which mean the magistrates agreed Ms X owes the council tax and costs. The law says we cannot investigate any issue that has been considered in court or about the start of court proceedings

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Final decision

13. We will not investigate Ms X’s complaint about the liability of council tax. This is because part of the complaint is late and because the case has been heard in court

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Investigator's decision on behalf of the Ombudsman