Summary: We cannot investigate this complaint about a summons the Council issued for council tax arrears because it forms part of legal proceedings. We will not investigate an alleged breach of data protection rules because the complainant can complain to the Information Commissioner.

The complaint

1. The complainant, Ms X, has made many complaints about the way the Council issued a court summons for council tax arrears. The complaints include that the Council committed perjury, fraud, harassment and misconduct in public office. Ms X also says the Council breached data protection rules.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

5. I considered information provided by Ms X. This includes the complaint correspondence and a copy of the summons. I also considered our Assessment Code.

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My assessment

6. The Council issued a summons for council tax arrears. The magistrates court subsequently issued a liability order. A liability order is a court order saying the person must pay the council tax and the costs.
7. Ms X made many complaints to the Council including complaints of fraud, extortion, perjury and harassment. In short, Ms X alleged the Council had no power to issue a summons and invented a legal process. Ms X also alleges the Council breached data protection rules.
8. The Council explained the council tax regulations allow councils to issue summonses for council tax arrears.
9. The law prevents us from investigating any matter that forms part of legal proceedings. The service of the summons formed part of legal proceedings which means I cannot investigate this complaint. If Ms X does not think the Council followed the correct legal process, she could consider getting legal advice.
10. Ms X can contact the Information Commissioner if she thinks the Council breached data protection legislation. It is reasonable for her to do this because the Information Commissioner is the correct organisation to consider complaints about the handling of personal information.

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Final decision

11. We cannot investigate this complaint because it is about a matter that forms part of legal proceedings and because Ms X can complain to the Information Commissioner.

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Investigator's decision on behalf of the Ombudsman