The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to recover a Council Tax liability at court and its decision not to attend court. We cannot investigate complaints about the start of court action or what happened in court. Miss X has used her right of appeal to the Valuation Tribunal Service.
The complaint
Ms X says the Council sought a liability order for Council Tax arrears, while she was waiting for the Valuation Tribunal Service (VTS) to hear her case. Miss X also says the Council did not attend the court hearing which meant it was adjourned to another date which caused her inconvenience.
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) The Valuation Tribunal Service deals with appeals against decisions on council tax liability and council tax support or reduction.
We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
How I considered this complaint
I considered information provided by Miss X.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says the Council asked the court for a liability order to recover Council Tax arrears. Miss X says that she had appealed to the VTS to decide her case.
Miss X also says the Council did not send anyone to court to enable her to discuss the liability order.
The court decided to uphold the Council’s claim for a liability order.
The law says that we cannot investigate a complaint about the start of court action and what happened in court, which includes the Council’s decision not to attend the hearing. Miss X has used her right to a remedy with the VTS.
Final decision
We will not investigate this complaint about the Council’s decision to recover a Council Tax liability at court and its decision not to attend court. We cannot investigate the start of court action or what happened in court. Miss X has used her right of appeal to the Valuation Tribunal Service and we cannot investigate where a right of appeal has already been used.
Investigator's decision on behalf of the Ombudsman