Summary: We cannot investigate this complaint the Council requested a charging order against Ms X’s property. That is because we cannot investigate a matter that has been considered by the courts.

The complaint

1. Ms X complained the Council had placed a charging order against her property for money she owed it. Ms X said the court had ordered her to pay money owed directly to it, not the Council. Ms X said the Council is aware of this as it was present in court when it made the order. Ms X wants the Council to remove the charging order and correct its records.

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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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We cannot investigate Ms X’s complaint about the Council’s decision to get a charging order on her property. That is because the court decides whether to place a charging order on a debtor’s property. The law says we cannot investigate any matters that have been considered by the court therefore this complaint is outside our jurisdiction. We cannot direct the Council to remove the charging order. It is appropriate for Ms X to seek legal advice if she believes the Council’s decision to apply for the charging order was wrong.

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Final decision

7. We cannot investigate Ms X’s complaint because the matter was considered by the courts.

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Investigator's decision on behalf of the Ombudsman