London Borough of Southwark (22 017 321)
Category : Other Categories > Other
Decision : Closed after initial enquiries
Decision date : 27 Mar 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s decision to place a legal charge on the complainant’s property for legal costs. This is because the matter has been subject to court proceedings, and we are unable to achieve the outcome the complainant seeks.
The complaint
- The complainant, who I will call Mr X, complains about the Council’s decision to place a legal charge on his property to recover legal costs. He says the amount is inaccurate and the Council failed to allow him to pay via instalments.
- Mr X seeks to have the legal charge removed and allowed to pay via monthly instalments.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
- We do not start or may decide not to continue with an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- I cannot investigate Mr X’s complaint about the amount of court costs the Council seeks to recover from him as this was determined during court proceedings. The law prevents us from considering complaints about what happened in court or matters which are linked to court proceedings.
- If Mr X considers the costs are excessive and the Council has acted unfairly, he needs to raise this with the Court. We have no powers to remove the legal charge, determine the correct amount or dictate the method of recovery. These are matters for the courts.
Final decision
- We will not investigate Mr X’s complaint because the matters have been subject to court proceedings, and we cannot achieve the outcome he seeks.
Investigator's decision on behalf of the Ombudsman