Summary: The Ombudsman has no jurisdiction to investigate this complaint about the Council issuing a summons to the complainant and what happened in court.

The complaint

1. The complainant, who I refer to here as Mr B, has complained the Council summonsed him to appear in a magistrates’ court for unpaid council tax. He says when he attended court both the Council and magistrates refused to allow him to have a duty solicitor.

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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 and have no discretion in this. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

4. I have considered what Mr B said in his complaint and background information provided by the Council. I have spoken to Mr B about the complaint.

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Final decision

5. I have decided we cannot investigate this complaint because of the restriction I describe in paragraph 3.

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Investigator's decision on behalf of the Ombudsman