The Ombudsman's final decision
Summary: We will not exercise discretion to investigate this complaint about the Council issuing a summons for non-payment of council tax. this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
The complaint
Mr X complained about being issued with a summons for non-payment of council tax in 2021. He says that the Court did not issue the summons and that the Council cannot impersonate the role of the magistrates court.
The Ombudsman’s role and powers
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) 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’s response.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says he was issued with a summons for non-payment of council tax. He disputed the arrears because he says he was a student at the time. He contacted the court and says it told him it was not aware of the summons.
We will not investigate this complaint which concerns matters the complainant was aware of more than 12 months before they complained to us. The time for receiving complaints is from when someone became aware of the matter they wish to complain about, not when they complained to the Council or it issued its final response. We would expect someone to complain to us within a year, even if they were dissatisfied with the time the complaints procedure was taking.
Even if Mr X had complained to us earlier we have no jurisdiction to investigate complaints about the commencement of court proceedings. There is no statute which authorises or prevents a council preparing a summons on the court’s behalf. Under section 51 of the Magistrates’ Court Act 1980 a person can apply to the magistrates’ court for a summons. If it is granted, it is customary that the person applying drafts their own summons, which in the case of council tax is the local authority.
Final decision
We will not exercise discretion to investigate this complaint about the Council issuing a summons for non-payment of council tax. this complaint which was received outside the normal 12-month period for investigating complaints. There is no evidence to suggest that Mr X could not have complained to us sooner.
Investigator's decision on behalf of the Ombudsman