The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council charging for recovery action in the court for council tax arrears. We have no jurisdiction to investigate matters which have been subject to court proceedings.
The complaint
Mr X complained about the Council recovering court and bailiff costs from him even though it has an attachment of benefits agreement in place with the Department for Work and Pensions. He says he believed he had paid all previous arrears but is still being pursued for debt.
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’s response.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council is still pursuing him for council tax arrears when he has an attachment of benefits in place and he paid any previous debts. He complained to the Council in 2024 about being issued with court charges each consecutive year which he believes is unfair.
The Council told him that the debt in question relates to the financial year 2020/21 which pre-dates the current arrangement. It also explained that each year’s account is a separate debt and any action for recovery for arrears on that year requires a separate liability order from the courts and any charges incurred in this process.
Mr X’s complaint concerns matters which have been subject to court proceedings in the past. We have no jurisdiction to investigate complaints about court action and cannot do so.
Final decision
We cannot investigate this complaint about the Council charging for recovery action in the court for council tax arrears. We have no jurisdiction to investigate matters which have been subject to court proceedings.
Investigator's decision on behalf of the Ombudsman