Summary: We cannot investigate this complaint about charges linked to charging orders for council tax arears. This is because the charging orders, and fees, form part of legal proceedings.

The complaint

1. The complainants, Mr & Mrs X, complain the Council is trying to take money from the proceeds of the sale of their former home and complain about the fees and costs they will have to pay. They also question whether the decisions relating to the charging orders were correct.

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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 complainants and the Council. This includes the complaint correspondence and an update from the Council. I also considered our Assessment Code.

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My assessment

5. The Council applied to the court for charging orders for council tax arrears. A charging order means the arrears will be paid from the proceeds of the sale of the property. The court granted the orders.
6. The complainants’ mortgage provider repossessed the property. The solicitor passed money to the court rather than sending it to the Council for the council tax arrears.
7. The Council applied to the court for the amount stated on the charging orders. The case is waiting to be processed by the court. The council tax arrears of about £5448 will be paid by the charging orders but the complainants will have to pay interest and fees which the Council cannot yet calculate.
8. The complainants have questioned the charging orders but as they were confirmed by the court we cannot investigate. This is because we cannot consider any matter that has formed part of court proceedings. In addition, the fees and interest form part of the legal process so we cannot intervene. If Mr & Mrs X wish to dispute any aspect of the charging orders they would need to do so though the courts. I appreciate the costs may be high but this is not something we can assist with.
9. I acknowledge it is taking a long time for the complainants to find out exactly how much they will need to pay. But, this is due to the mortgage provider’s solicitor paying the money to the court and, since then, the Council has been waiting for the court to transfer the funds.

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Final decision

10. We cannot investigate this complaint because the matters form part of legal proceedings.

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Investigator's decision on behalf of the Ombudsman