we cannot investigate matters about the start of court action or what happened in court. Additionally, we will not investigate a complaint about fault in Council tax billing, because we are unlikely to find fault in the Council’s actions and we cannot achieve the outcome Mr X is looking for.
The complaint
Mr X complained about how the Council handled his council tax account. He said it provided misleading information about repayments and then started court action to recover an outstanding liability.
Mr X also complained that he was not provided with information when he requested it.
Mr X complained the Council’s actioned caused severe emotional and financial distress.
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 investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating, or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A (6), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We are unable to investigate Mr X’s complaint about a liability order because we cannot investigate a complaint about the start of court action or what happened in court. The court has discretion to award costs and take a view on liability.
We will not investigate the part of Mr X’s complaint relating to billing and information the Council provided. This is because Mr X asked for a cost breakdown which the Council provided and gave him an explanation. Therefore, it is unlikely we would find fault, and, in any case, Mr X wants liability order to be revoked, which we are unable to achieve.
Final decision
We will not investigate Mr X’s complaint because we cannot investigate matters about the start of court action or what happened in court. Additionally, we are unlikely to find fault in the Council’s actions and are unable to achieve the outcome Mr X wants.
Investigator's decision on behalf of the Ombudsman