Summary: We cannot investigate this complaint about the Magistrates’ Court’s alleged failure to notify the complainant of a hearing and its alleged failure to grant the complainant’s request for the adjourned hearing to take place virtually. This is because it is outside our jurisdiction as we cannot investigate what happened in court.

The complaint

1. The complainant, to whom I refer here as Mr Z, says he was not provided with an email notification of the hearing in the Magistrates’ Court regarding his Council Tax. On the day of the hearing a court officer checked his email address and advised that she would be sending him a copy of the original email. He did not receive it either. Despite his request, the adjourned hearing at the end of the following month did not take place virtually.

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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 Mr Z and the Council.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We cannot investigate Mr Z’s complaint because it is outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman