The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to backdate Mr X’s council tax payments. That is because the matter has already been considered by the Court and is outside our jurisdiction.
The complaint
Mr X complained on behalf of himself and his partner. He said the Council failed to update their address on its computer systems after they moved house in 2019.
He said the Council told him he would not be liable for council tax until after the address was updated on the system. He said the Council issued a council tax bill in 2021 asking them to pay council tax from the date they moved into the house. He said they cannot afford the bill and wants the Council to cancel the bills between 2019 and 2021.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Mr X’s complaint about how the Council dealt with his council tax. That is because the Court has already considered the matter after the Council requested a Liability Order for the council tax. We have no jurisdiction to investigate matters that have been considered by the Courts.
Final decision
We will not investigate Mr X’s complaint because it is outside our jurisdiction as it has been considered by the Court.
Investigator's decision on behalf of the Ombudsman