Summary: We cannot investigate Mr X’s complaint about a council tax court summons because the law prevents us from investigating complaints about the start of court action.

The complaint

1. Mr X complains the Council failed to follow statutory procedures in its council tax enforcement against him. He says the council tax summons was issued improperly and he also disputes the additional enforcement costs.
2. He says the situation has caused him distress and anxiety. He wants the Council to apologise, accept the summons was issued improperly, and refund the enforcement costs.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 Mr X.
6. I also considered the Ombudsman’s Assessment Code.

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My assessment

7. Councils have a legal right to initiate court action to recover unpaid council tax. Councils can also charge costs for the issue of a summons and a liability order.
8. The evidence I have seen shows the Council explained to Mr X the statutory basis for the summons and advised him to pay the outstanding council tax to avoid further recovery action.
9. As paragraph 4 says, we cannot investigate a complaint about the start of court action. This includes the issuing of a summons. If Mr X disagrees with any legal basis for the summons then he would need to take this up with the court.

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Final decision

10. We cannot investigate Mr X’s complaint because it is about the start of court action.

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Investigator's decision on behalf of the Ombudsman