Summary: We will not investigate this complaint about a council tax summons. This is because we cannot investigate court proceedings. There is not enough evidence of fault in other matters to warrant investigation.

The complaint

1. Mr X complains the Council’s summons for council tax arrears was legally invalid. He says the Council then withdrew the summons without explanation. He also says the Council interfered with his right to appeal to the Valuation Tribunal about the Council’s decision on his claim for discretionary council tax reduction.

Back to top

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. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating (Local Government Act 1974, section 24A(6), as amended, section 34(B)).

Back to top

How I considered this complaint

5. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mr X complained to the Council regarding the matters in paragraph 1.
7. The Council replied explaining the summons procedure. It said it had confirmed it had withdrawn the summons. This was to allow time for the outcome of Mr X’s appeal to the Valuation Tribunal on the discretionary council tax reduction decision.
8. We cannot investigate the issue of the summons as that is the start of court proceedings as I explain in paragraph 3.
9. The Council explained it withdrew the summons having taken account of Mr X’s appeal. It stated it will not take court action until the Valuation Tribunal makes a decision. There is not enough evidence of fault by the Council to justify investigation.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because it is about the start of court proceedings. We will not investigate other parts of Mr X’s complaint because there is not enough evidence of fault to warrant investigation.

Back to top

Investigator's decision on behalf of the Ombudsman