Summary: The Ombudsman cannot investigate Mr B’s complaint about a Community Protection Notice (CPN) he received and the evidence an officer presented to the courts. The Ombudsman has no power to investigate complaints about matters that have been the subject of court proceedings.

The complaint

1. The complainant, whom I shall call Mr B, complains he received a CPN and an officer’s submission to the courts regarding the CPN was improper and constituted maladministration. Mr B also complains an officer who responded to his complaint at Stage 1 of the Council’s complaints procedure had been involved in the decision to issue the CPN.

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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 have considered the information Mr B provided and the Ombudsman’s role and powers. I sent a draft decision to Mr B and invited comments before I made my final decision.

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What I found

5. While Mr B considers officers have acted improperly and have wasted funds by taking the matter to court, the Ombudsman cannot investigate this complaint. The Ombudsman has no power to investigate matters that have been the subject of court action.
6. The Ombudsman will not investigate the way the Council investigated and responded to Mr B’s subsequent complaint because it is not a good use of public resources to investigate complaints handling when we cannot investigate the substantive issue.

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Final decision

7. The Ombudsman will not investigate this complaint. This is because the Ombudsman cannot investigate matters that have been the subject of court proceedings.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman