The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about the Council’s council tax summons and the liability order hearing. This is because we cannot investigate court proceedings
The complaint
Ms X says the Council failed to follow proper procedures in obtaining a liability order for council tax arrears. She says the summons was not properly served and at the liability order hearing, the court ignored evidence of a payment (promissory note) she had made.
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
Ms X complained to the Council regarding the matters set out in paragraph 1.
The Council replied explaining the statutory basis for the summons. It said Ms X had not made payment.
We cannot investigate the start of court proceedings (the summons) or what happens in court for the reasons set out in paragraph 2.
Final decision
We will not investigate Ms X’s complaint because it relates to court proceedings and we cannot investigate these matters.
Investigator's decision on behalf of the Ombudsman