Summary: We cannot investigate this complaint about the Council not considering Mr Y’s ill health in its decision to take him to court. This is because the Ombudsman does not have the legal power to investigate complaints about the start of court action, the complaint is late and it is not a good use of public resources to investigate complaints about complaints procedures where we cannot investigate the substantive issue.

The complaint

1. Mr Y complains the Council failed to consider his ill health before deciding to take him to court and the behaviour of staff members during a meeting in 2016. He also has complained about the Council’s wording in its complaint response.

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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 late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

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How I considered this complaint

6. I have considered the information Mr Y and the Council provided. Mr Y had an opportunity to comment on the draft decision. I considered any comments received before making a final decision.

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What I found

7. The Council took Mr Y to court to recover debts owed for rent arrears in 2016. At the time, Mr Y had been diagnosed with cancer and was receiving treatment. Mr Y feels the Council did not take his illness into account when it decided to pursue the debt through the courts in 2016. The courts found in the Council’s favour, ordering the debt to be paid and for Mr Y to pay costs in January 2017.
8. Mr Y met with the Council in December 2016. Mr Y said he felt intimidated and threatened by the behaviour of two of the Council’s officers.
9. Mr Y complained to the Council in July 2019. The Council responded to Mr Y’s complaint in October 2019. It agreed to waive payment of the court fees that Mr Y had been ordered to pay as a “gesture of goodwill”. Mr Y took offence to this phrase and asked for his complaint to be reconsidered in December 2019. The Council then gave a further complaint response, referring Mr Y to the Ombudsman in January 2020.
10. Within its response the Council said it had asked Mr Y why he had not brought his complaint to them earlier. It said Mr Y had told them he did not want to contact the Council as he found it too upsetting after he was taken to court.
11. Mr Y then raised his complaint with the Ombudsman in September 2020.

Analysis

12. The Ombudsman does not have the legal power to investigate complaints about the start or conduct of civil or criminal proceedings before any court of law. Consequently, we cannot investigate Mr Y’s complaint about the Council’s decision to take Mr Y to court for debts owed. This complaint is the substantive issue Mr Y has raised.
13. As the Ombudsman cannot investigate this complaint, it is not a good use of public resources to investigate complaints about complaint procedures where we cannot consider the substantive issue.
14. Mr Y’s complaint about the behaviour of two council officers in 2016 is late as he has been aware of his reason to complain for more than 12 months. While Mr Y may have found it difficult to complain initially, I would still consider it reasonable for him to have brought his complaint to the Ombudsman sooner.
15. Further, Mr Y did feel able to make his complaint to the Council in July 2019. However, he did not complain to the Ombudsman until September 2020. As he felt able to complain to the Council in July 2019, I would have considered it reasonable for Mr Y to have approached the Ombudsman before September 2020. Consequently, there are no good reasons for the Ombudsman to now consider this complaint.

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Final decision

16. We cannot investigate this complaint. This is because we do not have the legal power to investigate complaints about the start of court action, the complaint is late and it is not a good use of public resources to investigate complaints about complaints procedures where we cannot investigate the substantive issue.

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Investigator's decision on behalf of the Ombudsman