Summary: We cannot investigate this complaint about the Council’s decision to take legal action against the complainant, and how it plans to review the decision. This is because the matter has been subject to court proceedings which places it outside of our jurisdiction.

The complaint

1. The complainant, who I will call Mr X, complains about the Council’s decision to take legal action against him which he says was unlawful and has led to he and taxpayers having to pay for unnecessary legal costs.

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

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My assessment

6. I cannot investigate Mr X’s complaint because the matter has been subject to court proceedings. These proceedings the issues Mr X raises outside of the Ombudsman’s jurisdiction. It was for the courts to decide if the Council should be responsible for paying his legal costs.

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Final decision

7. We cannot investigate Mr X’s complaint because the matter has been subject to court proceedings.

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Investigator's decision on behalf of the Ombudsman