Summary: We cannot investigate this complaint about how the Council dealt with reports of antisocial behaviour. This is because the complainant has used their right of appeal to the courts

The complaint

1. The complainant, who I will call Miss C, complains about how the Council has dealt with reports of antisocial behaviour. Miss C says its decision to issue a community protection order was unfair and has caused her and her family distress.

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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. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
4. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

5. I considered information provided by Miss C and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. I cannot investigate this complaint that the Council unfairly issued a community protection order. This is because Miss C has submitted an appeal to the courts who will consider the matter. The appeal to the court places the matter out of our jurisdiction.

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Final decision

8. We cannot investigate Miss C’s complaint because she has used her right of appeal to the courts.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman