Hinckley & Bosworth Borough Council (23 009 506)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 23 Oct 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the Council’s handling of a council tax court summons. This is because we cannot investigate a complaint about the start of court action or what happened in court.

The complaint

  1. Mr X complains about the Council’s handling of his council tax court summons. He also complains about the Council workers’ conduct during and following the hearing. Mr X says this impacted his physical health and he would like the Council workers’ actions investigated.

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The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  2. 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

  1. I considered information provided by the Mr X and the Ombudsman’s Assessment Code.

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My assessment

  1. Mr X received a court summons in June 2023 in relation to council tax arrears. Mr X disputed his liability for the outstanding council tax and attended the hearing.
  2. Mr X is unhappy with the Council’s communications prior to the hearing and its conduct during and following the hearing. I am unable to investigate as the start of court action and what happened in court is out of our jurisdiction.

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Final decision

  1. We will not investigate Mr X’s complaint because we cannot investigate a complaint about what happened in court.

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Investigator's decision on behalf of the Ombudsman

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