Charnwood Borough Council (25 016 857)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 06 Apr 2026
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about council tax recovery. This is because Mrs Y appealed to the Valuation Tribunal.
The complaint
- Mrs X, an advice worker complains the Council’s letter to Mrs Y about recovery action for council tax arrears was inappropriate and threatening. She says the Council told Ms Y she must apply for Debt Relief Order (DRO) and if she did not, it would make deductions via an attachment of earnings. Mrs X asked the Council to consider Mrs Y’s financial hardship, accept a payment arrangement of £20 per month and pause recovery action.
The Ombudsman’s role and powers
- The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916).
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
- Mrs X complained to the Council regarding the matters in paragraph 1.
- The Council replied it was not threatening Mrs Y, but setting out the recovery options available to it. This included an attachment of earnings. However, it said it had accepted a £20 per month repayment plan. It also said it had referred to a DRO because Mrs X had suggested this as an option for Mrs Y if the Council refused a section 13 discretionary council tax reduction. The Council had refused the discretionary council tax reduction, and so it said Mrs Y should pursue the DRO.
- Mrs Y appealed the Council’s decision to refuse her discretionary council tax reduction claim. The Valuation Tribunal considered the matters raised in this complaint when making its decision. This means we cannot investigate the complaint.
Final decision
- We will not investigate Mrs X’s complaint because she has used her right of appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman