Summary: We cannot investigate this complaint about a charging order to recover council tax arrears. This is because charging orders are granted by the court, and we cannot investigate any matter that has been subject of legal proceedings. In addition, we will not investigate Ms X’s complaint about the Council’s handling of her complaint because we cannot investigate the substantive matters that led to Ms X’s complaint.

The complaint

1. The complainant, whom I refer to as Ms X, complains about the Council’s handling of her complaint. She complained the Council did not follow the correct stages when applying for a charging and is determined to make her homeless. Ms X wants the Council to withdraw the charging order and recalling the debt to the billing stage.

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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 Ms X. This includes the complaint correspondence and a letter from the Council’s solicitor. I also considered our Assessment Code.
5. I have considered Ms X’s comments on the draft decision.

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My assessment

6. The court granted a charging order in 2015 for council tax arrears of £3530. Ms X has not paid the arrears. The Council told Ms X in early 2023 that it was going to apply to the court for an Order for Sale. If the court grants an Order for Sale, the Council could apply for an Eviction Order. Once the property was empty it would be sold and the money used to pay the debt. I do not know if the court has granted an Order for Sale.
7. The Council had intended to apply for a Charging Order for arrears for 2022/23. It did not do so. Instead, it returned the debt to the billing stage and Ms X paid all the arrears in April 2023. Ms X still owes the arrears relating to the 2015 charging order.
8. I cannot investigate this complaint because the charging order has been granted by the court and I cannot investigate any matter that has been considered in court.
9. If Ms X thinks the Council did not follow the correct process in obtaining a charging order or does not think the Council should apply for an Order for Sale, then these are matters she would need to address in court. We cannot intervene in the court process and cannot tell the Council to withdraw the Charging Order.
10. In her comments to the draft decision, Ms X said her complaint was about the Council’s handling of her complaint. She says the Council passed the complaint to the same officer who the complaint was about. She says this shows the Council was corrupt.
11. The Ombudsman does not investigate complaints solely about complaint handling if we are also not investigating the substantive matter that led to the complaint. In this case, the substantive matter is Ms X’s complaint the Council did not follow due process in obtaining the charging order. Therefore, as we cannot investigate the substantive matter, we will not investigate Ms X’s complaint about the Council’s handling of her complaint.

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Final decision

12. We cannot investigate this complaint. This is because the substantive matters have been considered in court. In addition, we will not investigate Ms X’s complaint about the Council’s handling of her complaint because we cannot investigate the substantive matters that led to Ms X’s complaint.

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Investigator's decision on behalf of the Ombudsman