Summary: We cannot investigate Mr X’s complaint about the Council’s conduct during court proceedings because the law says we cannot investigate what happened in court.

The complaint

1. Mr X complained about the conduct of the Council during court proceedings.
2. Mr X said the matter caused him frustration and distress.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

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

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My assessment

7. The law says the Ombudsman has no jurisdiction to consider what happened in court. This includes the conduct of Council officers and any other matters relating to the proceedings. Consequently, we cannot investigate Mr X’s complaint.

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Final decision

8. We cannot investigate Mr X’s complaint because the law says we cannot investigate what happened in court.

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Investigator's decision on behalf of the Ombudsman