Hertfordshire County Council (21 011 202)
Category : Environment and regulation > Trading standards
Decision : Closed after initial enquiries
Decision date : 07 Dec 2021
The Ombudsman's final decision:
Summary: We cannot investigate Mr Z’s complaint that the Council brought unwarranted legal proceedings against him. This is because the law prevents us from investigating a complaint about the decision to take legal action, or about how such action was conducted.
The complaint
- The complainant, whom I refer to here as Mr Z, says that legal proceedings brought against him by the Council were unwarranted. Mr Z also complains about the manner of proceedings, including the conduct of council officers and delays in the process. Mr Z is seeking a review of his case, reimbursement of his legal fees and an apology.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by Mr Z and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr Z says that the Council took unwarranted legal action against him over a fire in one of his tenanted properties. The case against Mr Z was eventually dismissed by the courts; Mr Z subsequently complained to the Council about its decision to bring proceedings, the conduct of officers involved, delays to the process and the legal fees incurred. Dissatisfied with the Council’s response, Mr Z referred his complaint to the Ombudsman.
- The restriction outlined in paragraph 3 applies in this case. We cannot criticise a Council for deciding to take legal action, or consider a complaint about the way that legal action was conducted. Any such criticism would be for the court, as would the award of any costs or fees.
- The substantive matters raised in Mr Z’s complaint are not separable from the decision to bring legal proceedings, or from the proceedings themselves. We cannot therefore consider Mr Z’s complaint.
Final decision
- We cannot investigate Mr Z’s complaint that the Council brought unwarranted legal proceedings against him. This is because the law prevents us from investigating a complaint about the decision to take legal action, or about how such action was conducted.
Investigator's decision on behalf of the Ombudsman