The Ombudsman's final decision
Summary: We cannot by law investigate this complaint about the Council taking enforcement action against the complainant to recovery unpaid council tax. This is because the Council was granted a liability order by a magistrates’ court. We have no jurisdiction to investigate a complaint which has been subject to legal proceedings.
The complaint
The complainant (Ms R) complains about the Council unjustifiably taking enforcement action to recover unpaid council tax. She says there are mitigating circumstances as to why this is not reasonable. In summary, Ms R says this is affecting her mental health and she wants the Council to cease recovery.
The Ombudsman’s role and powers
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 also considered the Ombudsman’s Assessment Code.
My assessment
The Council has confirmed the debt being recovered is in relation to unpaid council tax. It says this matter went before a magistrates’ court which agreed to grant a liability order in favour of the Council for the arrears. The issues complained about have therefore been subject to legal proceedings and we cannot therefore investigate. The Council has nevertheless advised Ms R she may apply to it for discretionary relief. I cannot investigate this issue because the Council first needs a reasonable opportunity to consider any application made.
Final decision
We cannot investigate this complaint. This is because the restriction I outline at paragraph two (above) applies.
Investigator's decision on behalf of the Ombudsman