Summary: We cannot investigate this complaint that the Council has not recognised the complainant as being vulnerable as defined by the Equality Act and the Council’s Debt Recovery Protocol. This is because the law prevents us from investigating any matter that has been considered in court. In addition, there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, complains the Council has refused to accept that she is disabled and vulnerable as defined by the Equality Act and the Debt Recovery Protocol.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
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)
4. We cannot decide if an organisation has breached the Equality Act as this can only be done by the courts. But we can make decisions about whether or not an organisation has properly taken account of an individual’s rights in its treatment of them.

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How I considered this complaint

5. I considered information provided by Ms X and the Council. This includes the complaint correspondence, a witness statement Ms X submitted to the court, and the court decision ordering the sale. I also considered our Assessment Code and comments Ms X made in reply to a draft of this decision.

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My assessment

6. The Council’s Debt Recovery Protocol says debt recovery will be adjusted to meet the needs and requirements of vulnerable people. It defines people who are vulnerable as people who need assistance due to issues including illness, disability or lack of understanding. The Council will assist by, for example, offering debt advice and allowing time for people to claim benefits. The protocol says the Council will not enforce an order for sale if it accepts someone is vulnerable.
7. Ms X has council tax arrears. The Council has tried to recover the arrears through payment plans which Ms X has not maintained. It has signposted her to debt advice, offered budgeting support and repeatedly invited her to apply for council tax reduction (a benefit to help people pay council tax). The Council considered Ms X’s request to be treated as vulnerable under the protocol but decided the way she had interacted with the Council did not show she needs assistance and can advocate for herself. The Council also said that the support it had offered was the help it would have offered it had accepted Ms X as vulnerable.
8. The Council obtained a charging order for the arrears and applied to the court for an order for sale. Ms X submitted a witness statement to the court as a defence against the order for sale. She asked the court to give a direction to the Council that she meets the definition of vulnerable under the protocol and Equality Act. She also asked the court to give a direction that the Council must make Reasonable Adjustments. Ms X stated that if the Council recognised her as vulnerable then it would have to withdraw the order for sale. Ms X drafted her witness statement and represented herself in court.
9. The court did not issue any directions to the Council but granted the order for sale. The court order states the judge considered Ms X’s witness statement.
10. The law says we cannot investigate any matter that has been considered in court or has formed part of legal proceedings. Ms X submitted to the court her submission that the Council should treat her as vulnerable and explained she has health issues. As the matter has been considered by the court I have no power to start an investigation. Ms X disagrees the matters have been considered in court but as she has included her arguments about vulnerability in the witness statement, and the statement was considered by the judge, then her submission has formed part of legal proceedings.
11. Ms X says the Council should have treated her as vulnerable before matters progressed to court. However, the Council considered, but rejected, her request to be treated as vulnerable and that was a view it was entitled to form. Despite not accepting Ms X as vulnerable it still offered similar help and support. The only difference is that the Council does not apply for an order for sale for vulnerable people but that issue has been addressed in court. The Council considered vulnerability and it is not for us to decide whether it should have accepted Ms X as vulnerable.

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Final decision

12. We cannot investigate this complaint because the matter has been considered in court and because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman