Summary: We cannot investigate this complaint about the Council’s court recovery action over unpaid council tax. We cannot investigate complaints about matters which have been subject to Court proceedings.

The complaint

1. Ms X complained about the Council taking action against her in the magistrates court for unpaid council tax over successive years. She says the Council has not issued legitimate summonses or provided evidence that liability orders have been obtained from the court.

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The Ombudsman’s role and powers

2. 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

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

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My assessment

5. Ms X says the Council has pursued her for council tax over the past four years and has now obtained a charging order from the court against her property. She does not believe any of the summonses or liability orders are valid and the Council has not provided sufficient evidence that they have been legally obtained.
6. We cannot investigate complaints about matters which have been subject to court proceedings. This restriction applies to Ms X’s complaint and the restriction applies form the time when the summons was served by the Council. The charging order on her property was subject to a decision by the courts and Ms X can only challenge this by applying to the courts herself.

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Final decision

7. We will not investigate this complaint about the Council’s court recovery action over unpaid council tax. We cannot investigate complaints about matters which have been subject to Court proceedings.

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Investigator's decision on behalf of the Ombudsman