Summary: We cannot investigate this complaint about the Council failing to pay Mrs X following a county court judgement awarded in her favour. This is because Mrs X has already sought to enforce the judgement through the courts. We cannot investigate any complaint about the Council’s actions leading to the original judgement or its use of public funds to avoid payment, as these issues also fall outside our jurisdiction.

The complaint

1. Mrs X complains the Council has not complied with a county court judgement. The judgement ordered the Council to pay Mrs X, and Mrs X says this was a result of the Council mishandling her personal data. She wants the Ombudsman to investigate the Council’s handling of her data and its actions following the judgement and in response to her requests and reminders for payment.

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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. 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)
4. We cannot investigate something that affects all or most of the people in a council’s area. (Local Government Act 1974, section 26(7), as amended)

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How I considered this complaint

5. I considered information provided by Mrs X.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Mrs X took court action against the Council in 2025. The court found in her favour and awarded her more than £3,000 but the Council has failed to comply with the court order.
8. We cannot investigate any complaint about the Council’s actions which led to Mrs X’s court claim because she has used the alternative remedy available to her to deal with this issue. The restriction at Paragraph 3 therefore applies.
9. We also cannot investigate any complaint about the Council’s failure to comply with the court order because Mrs X has started action in the High Court to enforce the judgement.
10. I note Mrs X’s concerns that the Council has used public funds to avoid payment but we cannot investigate such matters as they affect all or most of the people in the Council’s area, rather than Mrs X personally.
11. Mrs X has used her right to make a claim against the Council at court and enforcement of the court order is not a matter for the Ombudsman to investigate. Unless the Council successfully applies to overturn the court order it is a debtor and Mrs X has sought enforcement of the debt as provided for by law. We have no role in this process and cannot investigate any complaint about the Council’s handling of the matter for the reasons set out above.

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Final decision

12. We cannot investigate this complaint because Mrs X has already sought a remedy through the courts.

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Investigator's decision on behalf of the Ombudsman