Summary: We will not investigate this complaint about a council tax summons. This is because we cannot investigate court proceedings. Part of Mr X’s complaint is premature.

The complaint

1. Mr X says the Council’s council tax summons was not properly served. He says he was abroad when the proceedings took place and only became aware of the debt when he received a cancellation notice in February 2026. He wants the liability order set aside and enforcement suspended as well as a full account breakdown.

Back to top

The Ombudsman’s role and powers

2. 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).
3. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6).

Back to top

How I considered this complaint

4. I considered information provided by the complainant. I also considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. We cannot investigate the summons or the granting of a liability order as the law does not allow it as I explain in paragraph 2.
6. It appears the Council did not have an opportunity to respond to Mr X’s complaint about his request for a breakdown of his council tax before he complained to the Ombudsman. We will not investigate this part of the complaint as it is reasonable to expect Mr X to complete the Council’s complaints procedure.

Back to top

Final decision

7. We will not investigate Mr X’s complaint because we cannot investigate court proceedings. Part of the complaint is premature.

Back to top

Investigator's decision on behalf of the Ombudsman