Summary: We cannot investigate this complaint about information the Council presented during court proceedings. The law prevents us from investigating complaints about what happened in court.

The complaint

1. Mr X complained about the content of a report the Council submitted to court. Mr X’s concerns included the language used in the report and a lack of evidence for certain allegations.

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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 the law prevents us from investigating what happened in court. This includes the preparation and contents of reports presented by the Council.

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Investigator's decision on behalf of the Ombudsman