Summary: We cannot investigate this complaint about alleged defamatory and inaccurate information sent to the courts up to the present day. An absolute legal bar prevents us considering matters that have formed part of court action.

The complaint

1. Mr X said the Council has persisted up to the present day in sending defamatory and inaccurate information about him to the courts.

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

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Final decision

6. We cannot investigate Mr X’s complaint because it directly concerns matters that have formed part of court action.

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Investigator's decision on behalf of the Ombudsman