The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council actions before it obtained a Liability Order. That is because the matter has been considered by the Court and is outside of our jurisdiction.
The complaint
Mrs X complained about the actions the Council took before it applied to the Court for two Liability Orders. She said it failed to send her demand notices, reminder notices and the summons. She also complained about the costs associated with the Court proceedings. She felt these were disproportionately high. Mrs X wants the Council to justify its actions and remove the financial 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 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 considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Mrs X’s complaint about the Council’s actions before it obtained the Liability Orders. Mrs X applied to the Court for the Liability Orders to be set aside and as part of those proceedings, the Court considered her complaint that the Council failed to send her the correct documentation. The Court did not set aside the Liability Orders. As the matter has been considered by the Court, we have no jurisdiction to investigate. Any associated costs are also considered by the Court and are therefore outside our jurisdiction.
Final decision
We will not investigate Mrs X’s complaint because it is outside of our jurisdiction.
Investigator's decision on behalf of the Ombudsman