Summary: We cannot investigate this complaint about information provided to the courts during private proceedings. This is because the law prevents us from investigating what happened in court.

The complaint

1. Miss X complains that the Council provided misleading information to the courts during private 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 Miss X’s complaint. The law prevents us from investigating what happened in court. This involves the contents of any representations by the Council to court.

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Final decision

7. We cannot investigate Miss X’s complaint because it is about what happened in court.

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Investigator's decision on behalf of the Ombudsman