Summary: We cannot investigate Mr X’s complaint about the Council’s handling of his council tax account. The Council has recently started court proceedings, so we have no power to investigate.

The complaint

1. Mr X complains the Council is unfairly pursuing him for repayment of council tax support he has received since January 2022 and has failed to fully consider his evidence or investigate the matter. He says this is causing distress and financial hardship. He wants the Council to apologise and fully investigate his case.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X has told us the Council has recently started court action about this matter, and he has received a summons to appear in court.
7. We cannot investigate this complaint. As the Council has commenced court proceedings, we have no power to investigate.

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Final decision

8. We cannot investigate Mr X’s complaint because the Council has started court action about this matter, so we have no power to do so.

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Investigator's decision on behalf of the Ombudsman