Ashford Borough Council (25 013 122)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 12 Dec 2025
The Ombudsman's final decision:
Summary: We will not investigate Ms X’s complaint about the Council’s council tax summons and the liability order hearing. This is because we cannot investigate court proceedings
The complaint
- Ms X says the Council failed to follow proper procedures in obtaining a liability order for council tax arrears. She says the summons was not properly served and at the liability order hearing, the court ignored evidence of a payment (promissory note) she had made.
The Ombudsman’s role and powers
- 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).
How I considered this complaint
- I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.
My assessment
- Ms X complained to the Council regarding the matters set out in paragraph 1.
- The Council replied explaining the statutory basis for the summons. It said Ms X had not made payment.
- We cannot investigate the start of court proceedings (the summons) or what happens in court for the reasons set out in paragraph 2.
Final decision
- We will not investigate Ms X’s complaint because it relates to court proceedings and we cannot investigate these matters.
Investigator's decision on behalf of the Ombudsman