Summary: We cannot investigate this complaint about information the Council provided during court proceedings. The complaint is late, and the law prevents us from investigating complaints about the start of court action or what happened in court.

The complaint

1. Mrs X complains about information the Council provided during court proceedings, and about the effect the information had on the court case. Mrs X says this caused distress.

Back to top

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 late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
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)
5. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

Back to top

How I considered this complaint

6. I considered information provided by Mrs X and the Council.
7. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

8. The 12-month period runs from the day the person affected had notice of the matters alleged in the complaint (i.e. the actions complained about).
9. The substantive issue Mrs X complains about relates to events from more than 12 months ago. The complaint is late. It was reasonable to expect Mrs X to have complained to us sooner.
10. In any event, the substantive issue in Mrs X’s complaint forms part of the conduct of court proceedings, and the subsidiary issues Mrs X complains about are inseparable from what happened in court. We cannot investigate these matters. The law prevents us from investigating complaints about the start of court action or what happens in court.

Back to top

Final decision

11. We cannot investigate Mrs X’s complaint because the complaint is late and the law prevents us from investigating what happens in court. This includes the preparation and contents of reports that councils present during proceedings. 

Back to top

Investigator's decision on behalf of the Ombudsman