Is a local council a government department?

[Frankfurter]

Good morning, first post here.

I was just about to submit a claim against a council but a footnote says "You cannot make a claim against a government department". Is a council a government department? The only thing I can find when Googling is someone here submitting a claim again a council and no-one piped in and said you can't do that, so I'm guessing I'm good to go?

Oddly enough, they have not responded to any communication, even the pre-action letter, so I suddenly got cold feet thinking do they know something I don't?

Thanks in advance.

[atticus]

To what is the text you have quoted a footnote?

What is this about?

Government departments are sued all the time, as are councils. Some context is required if we are to understand whether what you have found applies to local government.

[Frankfurter]

To what is the text you have quoted a footnote?

What is this about?

Government departments are sued all the time, as are councils. Some context is required if we are to understand whether what you have found applies to local government.

Good morning,

This is the full footnote:

"This is the person or company you are claiming money from.
NOTE: You cannot make a claim against a government department(including HM Revenue and Customs) using Money Claim Online"

I was not aware of being able to submit online claims in any other way, apologies. This is from https://www.moneyclaim.gov.uk/ at the point where I type in the defendant's address.

Thanks.

[echat11]

In essence a Council is a Local Government.

If you have an issue not addressed by the Council, you can take the matter to the Local Government Ombudsman (bare in mind there are some issues they don't deal with - but they are helpful). .

A Court will expect you to go to them as a last resort.

[atticus]

The fuller quotation is revealing. The original incomplete quotation was quite misleading.

You can make your claim by post - https://www.gov.uk/make-court-claim-...ney/make-claim

[Frankfurter]

In essence a Council is a Local Government.

If you have an issue not addressed by the Council, you can take the matter to the Local Government Ombudsman (bare in mind there are some issues they don't deal with - but they are helpful). .

A Court will expect you to go to them as a last resort.

Thanks for that, very useful. I had not heard of the Local Government Ombudsman. In one of my ignored letters to the council, I did ask them if there was a tribunal scheme I should use or just go straight to the court but, as all my letters have been ignored...

Thanks

[PallasAthena]

According to the MCOL User Guide "You cannot use MCOL to make a claim against ... a government department or agency, for example HMRC or DVLA"

The MCOL site then provides a link to this list of government departments: Crown Proceedings Act 1947 - GOV.UK (www.gov.uk) Government departments and agencies are parts of central government not local government

Local councils are not "a government department or agency" and so you can bring a claim through MCOL as long as it otherwise meets the MCOL criteria. But as noted above you can also bring it by post.

Whether The Local Government Ombudsman - Home - Local Government and Social Care Ombudsman - would be of any help to you is hard to know as we don't know what your claim is about. Have a look at their website. It deals with different things to the courts. It's not a substitute for the courts but a LGO decision finding fault by the council might help with a subsequent legal claim.

The LGO doesn't deal with claims against a council for compensation and it isn't a mediation or arbitration servcie. It handles cases where councils have made errors in dealing with a member of the public which has resulted in a "personal injustice" (maladministration). Its normal remedy is to order the council to re-do whatever they got wrong but do it properly. And to apologise and improve the council's systems for the future. It occasionally orders councils to pay small sums - £100 levels - for inconvenience caused but doesn't award compensation as such.

[Frankfurter]

Thanks all, claim submitted to the Ombudsman.

""[...] personal injustice" (maladministration) [...]" - That would certainly qualify.

Thanks

[PallasAthena]

To be clear, the Ombudsman does not deal with claims and will not accept a claim against a council. It will accept a complaint, which it may or may not decide to investigate (see its criteria on its website). It does not have to deal with every complaint sent to it.

[Frankfurter]

To be clear, the Ombudsman does not deal with claims and will not accept a claim against a council. It will accept a complaint, which it may or may not decide to investigate (see its criteria on its website). It does not have to deal with every complaint sent to it.

But at least I would have tried before taking it to court.

[echat11]

What the Ombudsman should / would do is give you a way forward, if they can't investigate, they may say, these are your options. For an Ombudsman I thought they were 'good'.

[PallasAthena]

What the Ombudsman should / would do is give you a way forward, if they can't investigate, they may say, these are your options.

In the area of local government I work with I read all the LGO published reports including the ones they decline to investigate. I have never seen any of those decisions give the complainant advice on what they should do next, unless it is to point them to another statutory body with a more specific remit (eg commonly the ICO). LGO isn't a consumer advice service.

Of course it won't do any harm for OP to make a complaint to the LGO except so far as it delays any court action OP might want to bring if OP is going to wait for the LGO decision first.

And it could be a long time to wait. It's unclear if OP has already exhausted the council's formal complaints policy. If not OP must work through Stage 1 and Stage 2 of that before LGO will consider the complaint. The council has 12 weeks to deal the complaint internally. The LGO can then consider the complaint and if they agree to investigate that can take up to a further 3 months (according to their website). So if OP wants to go down the LGO route before pursuing a court claim that's fine as long as OP is happy that could well mean not pursuing a court claim until the beginning of 2025.

In my discussions with LGO they have told me they will NEVER advise a complainant to sue a council. They will tell a complainant who wants to do that to take professional legal advice.

[echat11]

In the area of local government I work with I read all the LGO published reports including the ones they decline to investigate. I have never seen any of those decisions give the complainant advice on what they should do next, unless it is to point them to another statutory body with a more specific remit (eg commonly the ICO). LGO isn't a consumer advice service.

I've had dealings with them, they will point you in the right direction if they can't investigate.
In the report you read you will not find, 'by the way we advised XXXXX XXXX etc'.

Loads of organisation advise on how to seek resolution, even when they don't have to.

[PallasAthena]

Perhaps if OP told us what the issue with the council is and why OP wants to sue them OP can get more focussed advice and not risk wasting time down rabbit holes. OP isn't after 'resolution', OP wants financial compensation, hence the MCOL claim.

LGO do not give legal advice. They will not advise OP on whether, or how, to sue a council for compensation. LGO are not lawyers. If OP asks LGO for legal advice OP will be told to consult a solicitor.

[echat11]

Perhaps if OP told us what the issue with the council is and why OP wants to sue them OP can get more focussed advice and not risk wasting time down rabbit holes. OP isn't after 'resolution', OP wants financial compensation, hence the MCOL claim.

LGO do not give legal advice. They will not advise OP on whether, or how, to sue a council for compensation. LGO are not lawyers. If OP asks LGO for legal advice OP will be told to consult a solicitor.

They will investigate if they can, if they can't they suggest other ways that the matter might be resolved i.e. Court etc.

I'm not sure who has suggested they provide 'legal advice' wasn't me, so I'm not sure what you are going on about. .