Summary: We will not investigate this complaint about the contents of a report the Council produced in court. This is because we cannot investigate matters that have been subject to court proceedings.

The complaint

1. The complainant, who I will call Mrs X, complains about the contents of a report that the Council wrotec which was later considered in private law 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. I cannot investigate Mrs X’s complaint. This is because the report the Council wrote has been considered in court. The Ombudsman cannot investigate any matters that have been subject to court proceedings. This therefore places the contents of the report and how it was produced outside of our jurisdiction.

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Final decision

7. We will not investigate Mrs X’s complaint because the matter has been subject to court proceedings.

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Investigator's decision on behalf of the Ombudsman