Summary: We cannot investigate this complaint about the Council’s response to a pre-action protocol letter the Council sent Mrs X’s solicitor. That is because Mrs X has started legal proceedings and the matter she complains about forms part of those proceedings.

The complaint

1. Mrs X complains about the Council’s response to a pre-action protocol letter that it sent to her solicitor. Mrs X said the letter was threatening and misrepresented the facts around her child’s alternative education package.
2. Mrs X says this has caused her stress and she wants an apology and action taken against the Council’s legal team.

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The Ombudsman’s role and powers

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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mrs X has appointed a solicitor who has issued the Council with a pre-action protocol letter, successfully applied for legal aid and appointed a barrister. Therefore, she has commenced legal action in a court of law and we cannot investigate.

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Final decision

7. We cannot investigate Mrs X’s complaint because she has commenced legal action in a court of law.

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Investigator's decision on behalf of the Ombudsman