Summary: We will not investigate Mr X’s complaint the Council obtained a bankruptcy order at court for an unpaid council tax debt. A court considered the case and we cannot achieve the outcome Mr X seeks.

The complaint

1. Mr X complains the Council in 2021 took bankruptcy proceedings against him and at court obtained a bankruptcy order for a council tax debt. Mr X says the Council is guilty of ‘breach of trust and breach of fiduciary appointment’. He says the Council’s chief executive should be prosecuted, there should be a fraud investigation, and he wants damages.

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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 have considered information and comments supplied by Mr X and the Council.

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My assessment

5. I will not investigate this complaint for the following reasons:
6. The Ombudsman cannot investigate what happens as part of court proceedings (see paragraphs 2 and 3 above). The County Court, in summer 2021, dismissed Mr X’s arguments including his view that he had paid the council tax debt of £20,775. The Court made a bankruptcy order.
7. We cannot achieve the outcome Mr X wants. We cannot say the Council’s proceedings should not have taken place given the size of the debt and the number of years involved 2014-19. We cannot investigate allegations of crime.

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Final decision

8. The Ombudsman will not investigate Mr X’s complaint the Council obtained a bankruptcy order at court for an unpaid council tax debt. A court considered the case and we cannot achieve the outcome Mr X seeks.

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Investigator's decision on behalf of the Ombudsman