Chichester District Council (22 011 887)
Category : Benefits and tax > Council tax
Decision : Closed after initial enquiries
Decision date : 20 Dec 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about a court order obtained by the Council against Mr X as he has a right of appeal.
The complaint
- Mr X says that a court order obtained by the Council against him is incorrect in law.
The Ombudsman’s role and powers
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X asserts that a court order obtained by the Council against Mr X is incorrect in law. The Council advised him he could appeal to the High Court if he disagreed with the decision.
- I see no reason why an appeal could not be made as only a court can overrule a lower court’s decision.
Investigator's decision on behalf of the Ombudsman