Summary: We will not investigate this complaint about Mr X’s housing benefit and council tax reduction. The complaint is about matters that have been considered and decided in court, and by the Secretary of State for Work and Pensions. There is insufficient evidence of fault in the Council’s decisions to pursue Mr X for the debts.

The complaint

1. Mr X complained about the Council's decision he was not entitled to housing benefit and council tax reduction, despite him having received means-tested benefits. He said the Council:
1. lied about him not having applied for council tax reduction;
2. lied to the court to obtain a liability order;
3. wrongly sent enforcement agents to pursue him for the debt;
4. maliciously threatened imprisonment; and
5. fraudulently extorted money from him by taking payments from his benefits.
2. Mr X said he did not owe the Council the money it has sought to recover. He said his ex partner was staying in his home for the period in question and should be pursued as they are liable for the arrears.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
6. The law says we cannot normally investigate a complaint when someone has a right of appeal, reference or review to a tribunal about the same matter. However, we may decide to investigate if we consider it would be unreasonable to expect the person to use this right. (Local Government Act 1974, section 26(6)(a), as amended)
7. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

8. I considered information provided by the complainant and the Council.
9. I considered the Ombudsman’s Assessment Code.

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My assessment

10. We will not normally consider complaints about eligibility for council tax reduction or housing benefit, or liability to pay council tax. This is because these decisions bring with them a right of appeal to a tribunal, which we would normally expect the complainant to use. Mr X could have appealed the Council’s decisions.
11. The Council progressed the matters to court to obtain liability orders, given that Mr X had not paid or appealed. The law prevents us considering the start of court action or what happened in court. This includes the content of the Council’s representations to court, and its decision to refer the matter to court in the first place. It was the court that decided Mr X was liable for the debts and we have no power to overturn that decision. Mr X had the opportunity to raise his concerns as part of the proceedings.
12. A liability order gives a council the legal power to take enforcement action to collect the council tax and court costs owed. This can include asking for deductions from benefits and using enforcement agents. The Council was entitled to pursue repayment via these methods because the court granted liability orders. There is insufficient evidence of fault in its decisions to do so.
13. We cannot consider the Council’s decision to refer the matter back to court to consider committing Mr X to prison, because the law prevents us from investigating the start of court action.
14. Decisions made by the Secretary of State for Work and Pensions are outside our jurisdiction. Regulations allow councils to apply for payments from benefit towards a debt where they have a liability order. The Secretary of State, not the Council, will decide if deductions can be made, and the amount taken is fixed by regulation.

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Final decision

15. We will not investigate Mr X’s complaint because it is about matters that have been considered in court and a decision made by the Secretary of State for Work and Pensions. There is insufficient evidence of fault in the Council’s decisions to pursue Mr X for the debts because it was entitled to do so.

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Investigator's decision on behalf of the Ombudsman