Stafford Borough Council (23 017 262)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 12 Mar 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s complaint handling and council tax enforcement processes as Mr X is taking legal action against the Council for a closely associated matter.
The complaint
- Mr X complained the Council wrongly took recovery action for council tax he did not owe. Mr X is unhappy about the Council’s council tax processes and as he says it failed to properly deal with his complaint. Mr X seeks compensation and a review of the Council’s processes.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
- It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), 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
- As per paragraph three, we cannot investigate matters Mr X has sought a remedy for via court action.
- While it is possible there may be associated matters that could remain within our remit, I do not consider it would be appropriate for us to become involved at this time, while there is ongoing legal action about closely related matters. As such, I have advised Mr X he can complain to us again, once his legal case is concluded, and if he remains dissatisfied, at which point we can freely assess if there are grounds for us to investigate.
Final decision
- We will not investigate Mr X’s complaint because he has an ongoing legal case against the Council relating to closely associated matters and I do not consider it would be appropriate for us to become involved at this time.
Investigator's decision on behalf of the Ombudsman