The Ombudsman's final decision
Summary: We cannot by law investigate this complaint about the Council seeking recovery of council tax arrears which the complainant disputes. This is because the Council has obtained a liability order the amount demanded which means the issues raised have been subject to legal proceedings.
The complaint
The complainant (Mr X) complains about the Council seeking a liability order by way of legal proceedings to recover an amount of unpaid council tax. He says the amount has already been paid and he disputes he is liable for the amount sought.
In summary, Mr X says the alleged fault has resulted in unjustified bailiff involvement and has caused him to suffer significant distress and anxiety. As a desired outcome, Mr X wants the Council to remove the amounts it considers due and stop making demands for payment.
The Ombudsman’s role and powers
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).
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
I recognise Mr X disputes his liability to pay the Council an amount of council tax for a period between 2019 and 2022. He says the amount demanded has already been paid. However, the Council commenced legal proceedings to obtain a liability order which it obtained for the amount it determined Mr X was liable for. We have no jurisdiction to question the Council seeking recovery of its determined arrears because a liability order has been obtained as part of legal proceedings. The restriction I outline at paragraph three (above) applies.
Final decision
We cannot by law investigate this complaint because the issues raised have been subject to legal proceedings.
Investigator's decision on behalf of the Ombudsman