Erewash Borough Council (25 021 394)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 02 Feb 2026
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Council tax as the complainant has commenced legal action against the Council.
The complaint
- Mr X complains about the legal action taken against him for unpaid Council tax.
The Ombudsman’s role and powers
- We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended).
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says that the Council did not follow correct legal processes in obtaining a Liability Order against him for unpaid Council tax.
- Mr X made an application to the court of appeal in January 2026 to appeal against the Liability Order.
- The Ombudsman cannot investigate this complaint for the reason given in paragraph two.
Final decision
- We will not investigate Mr X’s complaint because he started legal action against the Council.
Investigator's decision on behalf of the Ombudsman