Summary: We cannot investigate Mr X’s complaint about the Council using an attachment of earnings order for a Council Tax debt as Mr X has issued Court proceedings against the Council.

The complaint

1. Mr X says the Council should not have taken money out of his wages for a Council Tax debt.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

3. I considered information provided by Mr X which includes the Council reply to him.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council asked Mr X’s employers in March 2025 to deduct a Council Tax debt from his wages. Shortly afterwards Mr X began sick leave. In early April he contacted the Council to say he felt it was not fair to take from his wages when he was on reduced pay because of sick leave. The Council says it used its discretion and wrote to the employer by post to say it had agreed to suspend the attachment of earnings order. The employer still took the amount from Mr X’s wages. He complained to the Council and said it should have sent the letter via a more secure and guaranteed method.
6. Mr X then issued Court proceedings against the Council for the amount it had taken out of his wages.
7. We cannot investigate whether the Council should have issued the attachment of earnings, its decision to suspend it and how it notified the employers. This is because Mr X has issued Court proceedings against the Council.

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Final decision

8. We cannot investigate Mr X’s complaint because he has issued court proceedings against the Council.

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Investigator's decision on behalf of the Ombudsman