Summary: We cannot investigate this complaint about the Council’s handling of Mr X’s complaint. This is because the complaint concerns matters that happened during court proceedings. We cannot investigate how the Council dealt with a complaint about a matter we have no legal power to investigate.

The complaint

1. Mr X said the Council failed to investigate his complaint properly. The complaint concerned a matter disclosed during court action.

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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)
4. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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Final decision

7. We cannot investigate Mr X’s complaint because we cannot investigate how the Council dealt with a complaint about a matter which is itself outside our legal powers because it was part of court action.

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Investigator's decision on behalf of the Ombudsman