Halton Borough Council (26 003 749)
Category : Benefits and tax > Other
Decision : Closed after initial enquiries
Decision date : 05 Jul 2026
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the actions of the Council’s enforcement agents as Mr X sought a remedy in court about this. We will not investigate Mr X’s broader complaint of illegal activity by enforcement agents as this is a matter for the police.
The complaint
- Mr X complains the Council has failed to investigate the criminal activity of its enforcement agents (bailiffs) when they collect debts on behalf of the Council. Mr X wants the Council to initiate criminal proceedings against its bailiffs.
The Ombudsman’s role and powers
- The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
- 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 another body better placed to consider this complaint (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X took his case against the Council’s bailiffs to court and as such we no longer have any remit to investigate, as per paragraph two.
- If Mr X has evidence of criminal activity by the Council’s bailiffs, then he would be best placed to take this to the police. It is not our role to investigate such matters.
Final decision
- We cannot investigate what took place in Mr X’s case because it is no longer within our remit since Mr X took his case to court. It is for the police to investigate allegations of criminal activity, and we will not therefore investigate.
Investigator's decision on behalf of the Ombudsman