Summary: We cannot investigate this complaint about the Council’s handling of a court order and refusal to repay Miss X’s enforcement agent and court fees. The Council has appealed the court’s decision, and the law prevents us from investigating complaints about the start of court action or what happens in court.

The complaint

1. Miss X complains the Council did not act on a court order and refused to repay enforcement agent and court fees she had paid.
2. Miss X says this caused distress, time and trouble.
3. Miss X wants the Council to apologise, repay her for the enforcement agent and court fees, and provide a symbolic financial remedy to recognise her experience.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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

6. I considered information provided by Miss X.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council informed Miss X it disputed the court’s decision and had lodged an appeal against it. The Council said it was awaiting a court hearing and would not consider her complaint further until the court appeal had ended.
9. The matters Miss X complains about are inseparable from the concurrent court appeal. We therefore cannot investigate this complaint. The law prevents us from investigating complaints about the start of court action or what happens in court.

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Final decision

10. We cannot investigate Miss X’s complaint because the law prevents us from investigating complaints about the start of court action or what happens in court.

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Investigator's decision on behalf of the Ombudsman