The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint the Council obtained a bankruptcy order at court for an unpaid council tax debt. A court considered the case and we cannot achieve the outcome Mr X seeks.
The complaint
Mr X complains the Council in 2021 took bankruptcy proceedings against him and at court obtained a bankruptcy order for a council tax debt. Mr X says the Council is guilty of ‘breach of trust and breach of fiduciary appointment’. He says the Council’s chief executive should be prosecuted, there should be a fraud investigation, and he wants damages.
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 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 have considered information and comments supplied by Mr X and the Council.
My assessment
I will not investigate this complaint for the following reasons: The Ombudsman cannot investigate what happens as part of court proceedings (see paragraphs 2 and 3 above). The County Court, in summer 2021, dismissed Mr X’s arguments including his view that he had paid the council tax debt of £20,775. The Court made a bankruptcy order.
We cannot achieve the outcome Mr X wants. We cannot say the Council’s proceedings should not have taken place given the size of the debt and the number of years involved 2014-19. We cannot investigate allegations of crime.
Final decision
The Ombudsman will not investigate Mr X’s complaint the Council obtained a bankruptcy order at court for an unpaid council tax debt. A court considered the case and we cannot achieve the outcome Mr X seeks.
Investigator's decision on behalf of the Ombudsman