Summary: We will not investigate this complaint about the serving of a summons for unpaid land drainage charges. the complaint relates to the commencement of court proceedings, and we have no jurisdiction to investigate such matters.

The complaint

1. Mrs X complained about receiving a summons from the Drainage Board for drainage of land which she disputes. She says she attended court on the date specified by the summons, but no heating was listed. She has questioned the validity of the summons.

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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)

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How I considered this complaint

3. I considered information provided by the complainant and the Authority.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X says she disputes the area of land which the Drainage Board has invoiced her for drainage costs. She says she received a summons in October 2021 for the drainage costs but could not obtain any further disclosure from the Board before the court hearing. She says that when she attended the Magistrates Court on the due date there were no details of a case or hearing listed.
6. The Drainage Board says that following service of the summons Mrs X paid the due amount before the due date and so there was no hearing. The summons made it clear that this would be the procedure should the due costs be paid.
7. The Ombudsman has no authority to investigate complaints about matters subject to the commencement of court proceedings. For these reasons we will not consider the matter further.

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Final decision

8. We will not investigate this complaint about the serving of a summons for unpaid land drainage charges. the complaint relates to the commencement of court proceedings and we have no jurisdiction to investigate such matters.

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Investigator's decision on behalf of the Ombudsman