Summary: We will not investigate this complaint about the Council’s decision to take legal action against the complainant during a neighbour dispute. This is because the matter has already been decided in court and we have no remit to investigate despite the complainant’s continuing concerns.

The complaint

1. Mr X is unhappy with the Council’s decision to take legal action against him in connection with a neighbour dispute. He would like the Council to provide him with an apology, damages and his legal fees paid.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
3. 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

4. I considered information provided by the complainant which includes the Council’s response. I also considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X appealed to the courts about the Council’s decision to issue a Community Protection Notice against him. He won his appeal, and the Notice was quashed. But he remains dissatisfied with the Council’s actions and seeks additional remedies.

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Final decision

6. We will not investigate as Mr X has already used his remedy in court and he we have no legal remit to investigate even if he has not received a complete remedy.

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Investigator's decision on behalf of the Ombudsman