The Ombudsman's final decision
Summary: We cannot investigate this complaint about court action taken by the Council for council tax arrears. This is because the complainant has started legal proceedings against the Council.
The complaint
The complainant, Mrs X, complains the Council prematurely took her to court for council tax arrears. She says she was trying to obtain information prior to paying the council tax. She also says she was unaware of the summons because the Council sent it to her former address. Mrs X paid the council tax and costs but says the Council then dropped the case. Mrs X wants an apology and a refund of the court costs.
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 if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by Mrs X and the Council. This includes a copy of a court claim Mrs X has made against the Council.
I also considered our Assessment Code.
My assessment
Mrs X has started legal action against the Council and is seeking a refund of the court costs for the reasons stated in her complaint to us. The case has been registered in court but has not been decided.
The law says we cannot start an investigation if someone has started legal action about the matter. This restriction applies even if the court action fails or does not provide everything Mrs X may want in terms of an outcome (for example, an apology).
Final decision
We cannot investigate this complaint because Mrs X has started legal action against the Council.
Investigator's decision on behalf of the Ombudsman