The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to pursue Mr X for unpaid council tax. We cannot investigate a council’s decision to begin court action.
The complaint
Mr X complained the Council pursued him for unpaid council tax. He said he had not paid council tax due to there being an unresolved dispute relating to his mother’s care charges. Mr X considered he was owed £30,000 from the Council for care fees. He wanted the Council to pay him the money he considered it owed.
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) 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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says he has not paid Council tax to the Council since he was evicted from his mother’s property in 2022 after the Council obtained a charging order on the property. Mr X disputes the amount the Council returned to him from the sale of his mother’s house.
Any complaint about events of 2022 and earlier, relating to charges for care, are now late and we will not investigate them. In any event, the courts considered the matter. We would be prevented in law from investigating most, if not all, of any complaint about the charges for Mr X’s mother’s care.
We have no legal power to investigate a council’s decision to begin court action. The Council has pursued Mr X for non-payment of council tax for multiple tax years since 2022. It is open to Mr X to defend his case in court.
Final decision
We will not investigate Mr X’s complaint because it is about matters that are late and that have been subject to court proceedings.
Investigator's decision on behalf of the Ombudsman