Summary: We cannot investigate this complaint about the Council seeking recovery of council tax arrears which the complainant denies being responsible for. This is because it concerns matters which have been subject to liability order proceedings in the magistrates’ court. We have no legal jurisdiction to investigate in these circumstances.

The complaint

1. The complainant (Miss F) complains about alleged Council mismanagement of her council tax. She says the Council is billing her for council tax arrears and court fines at an amount she cannot afford. Further, Miss F says there have been delays in her receiving letters relating to enforcement action. She adds that she did not receive any letters from the Council prior to this about her council tax, including legal proceedings for recovery of the arrears.
2. In summary, Miss F disputes she is liable for the amounts being recovered by the Council. She also says the alleged failures have caused her serious distress, anxiety and uncertainty. As a desired outcome, Miss F wants the Council to waive the arrears or provide a significant discount.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B)).
4. We cannot by law investigate a complaint about the commencement of legal proceedings 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

5. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

6. We cannot investigate this complaint as it concerns disputed council tax arrears and costs which have been subject to legal proceedings in the magistrates’ court. A summons was issued to Miss F to appear in the liability order proceedings due to non-payment of her council tax. An order was granted by the magistrates’ court that confirmed her liability for the arrears. The restriction I outline a Paragraph 4 (above) applies and we have no discretion in this respect.
7. I have considered Miss F’s concerns that the amount being sought by the Council is unaffordable for her. However, I have not seen any evidence of Miss F making proposals for affordable repayments. It is clear from Miss F’s contact with the Council that she disputes being liable for the amounts. I cannot investigate on that basis because her liability for the arrears has been subject to legal proceedings.

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Final decision

8. We cannot investigate this complaint because it concerns matters which have been subject to liability order proceedings in the magistrates’ court.

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Investigator's decision on behalf of the Ombudsman