Summary: The Ombudsman has no jurisdiction to investigate this complaint about bailiffs seeking to execute an arrest warrant issued by a magistrates’ court.

The complaint

1. The complainant, who I refer to here as Mr B, has complained about the actions of bailiffs acting on behalf of the Council.

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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 conduct of civil or criminal proceedings before any court of law. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

4. I have considered what Mr B said in his complaint and background information provided by the Council.

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What I found

5. Mr B is complaining about the actions of bailiffs who were seeking to execute an arrest warrant issued by a magistrates’ court. The complaint is therefore about the conduct of court proceedings.

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Final decision

6. We cannot investigate this complaint because of the restriction I describe in paragraph 3. We have no discretion in this.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman