Summary: We cannot investigate this complaint about the Council’s decision to apply for an Attachment of Earnings Order to take part of Mr X’s salary directly from his employer. This is because the Council has been to court so we are prohibited from investigating.

The complaint

1. Mr X complains about the Council’s decision to apply for an Attachment of Earnings Order which will take money from his salary.
2. Mr X says he will not have enough money to live on and his mood is low. He would like the Council to accept his offer of affordable payments by instalments.

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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 once court action has commenced or about 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We will not investigate Mr X’s complaint because the matter has been to court and we have no remit to consider matters decided at court.

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Investigator's decision on behalf of the Ombudsman