Summary: We cannot investigate this complaint about a document filed with the court. The law prevents us from investigating complaints about the start of court proceedings or what happened in court.

The complaint

1. Mr X complained about the use of the Council’s logo on a document written for the court in 2018 by another agency. Mr X also said the Council refused to consider his complaint about the matter.
2. Mr X said this caused distress, time and trouble.
3. Mr X wants the Council to apologise and properly consider his complaint.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)
6. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

7. I considered information provided by Mr X.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. We cannot investigate Mr X’s complaint about the use of the Council’s logo. As the document was filed with the court, it is part of the conduct of court proceedings. The law prevents us from investigating complaints about such matters.
10. We will also not investigate Mr X’s complaint about the Council’s complaint handling. The courts have said we can decide not to investigate complaints about complaints procedures when we cannot investigate the substantive matter.

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Final decision

11. We cannot investigate Mr X’s complaint because the law prevents us from investigating complaints about the start of court action or what happened in court.

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Investigator's decision on behalf of the Ombudsman