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
- 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.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by the Mr X and the Ombudsman’s Assessment Code.
My assessment
- 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.
- 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.
Final decision
- We will not investigate Mr X’s complaint because we cannot investigate a complaint about what happened in court.
Investigator's decision on behalf of the Ombudsman