The Ombudsman's final decision
Summary: We will not investigate this complaint about Council tax liability. The complaint involves the start of court action. It would also be reasonable for Mr and Mrs X to appeal to the Valuation Tribunal.
The complaint
Mr and Mrs X say the Council sent them a court summons for unpaid council tax without warning. They say they were not aware of the arrears as they had agreed to pay by direct debit.
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 law says we cannot normally investigate a complaint when someone can appeal to a tribunal. However, we may decide to investigate if we consider it would be unreasonable to expect the person to appeal. (Local Government Act 1974, section 26(6)(a), as amended) The Valuation Tribunal deals with appeals against decisions on council tax liability and council tax support or reduction.
How I considered this complaint
I considered information provided by Mr X.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has already issued a court summons. Therefore, we cannot investigate this complaint as it is about the start of court action.
The complaint is also about council tax liability. Mr and Mrs X have the right to appeal against the council tax bill at the Valuation Tribunal.
The Valuation Tribunal is a free and easy to use service which deals with council tax disputes.
Therefore, it would be reasonable for them to appeal against the summons at the Valuation Tribunal
Final decision
We will not investigate Mr and Mrs X’s complaint because it is about the start of court action. It would also be reasonable for them to appeal to the Valuation Tribunal.
Investigator's decision on behalf of the Ombudsman