The Ombudsman's final decision
Summary: We will not investigate this complaint about Council tax enforcement because the complainant has commenced legal action against the Council.
The complaint
Mr X complains that the Council commenced Council tax enforcement action with false legal documents.
The Ombudsman’s role and powers
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says that the Council commenced enforcement action against him for unpaid Council tax using fake legal documents. He has commenced legal action against the Council.
The Council says that a record of the Liability Order can be obtained from the court.
Mr X has also commenced legal action against a charging order obtained by the Council from the court.
The Ombudsman would not investigate any complaint where legal action has been taken by the complainant against the Council.
Final decision
We will not investigate Mr X’s complaint because he has taken legal action against the Council.
Investigator's decision on behalf of the Ombudsman