Summary: We cannot investigate Mr X’s complaint that the Council has not paid him compensation awarded in court proceedings. The law prevents us from investigating complaints about matters that have been subject to court proceedings. We have no discretion to do so.

The complaint

1. Mr X complains the Council has not paid him compensation previously awarded in court proceedings.

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

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My assessment

6. We cannot investigate Mr X’s complaint because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been considered and decided in court proceedings. We have no discretion to do so.
7. Mr X says the compensation was awarded in settlement of his court case, but it remains unpaid. If he considers the Council has not paid him court ordered compensation it is a matter that would need to be returned to, and considered by, the courts. We cannot question or consider it.

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Final decision

8. We cannot investigate Mr X’s complaint because it lies outside our jurisdiction and we have no discretion to consider it.

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Investigator's decision on behalf of the Ombudsman