Waverley Borough Council (23 009 853)

Category : Benefits and tax > Council tax

Decision : Closed after initial enquiries

Decision date : 20 Nov 2023

The Ombudsman's final decision:

Summary: We will not investigate this complaint about the conduct of a Council officer during a court hearing. This is because we are prohibited from investigating matters arising from court proceedings.

The complaint

  1. Mrs X complains that a Council officer acted unprofessionally during a court hearing.

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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 complainant.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. The Council has investigated Mrs X’s complaint. It said the officer in question did not intend any rudeness and felt uncomfortable being touched.
  2. We cannot investigate any aspect of this as the complaint arises from court proceedings for council tax. We are prohibited from investigating any matter in connection with the court proceedings.

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Final decision

  1. We cannot investigate Mrs X’s complaint because it relates to matters decided at court.

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Investigator's decision on behalf of the Ombudsman

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