Summary: We will not investigate this complaint that the complainant has been subject to witness intimidation and harassment relating after she provided a statement which led to court proceedings against a third party. This is because the issues raised are criminal matters which can only be dealt with by the police. There is no evidence of fault in how the Council considered her request to seek an injunction, If Ms X feels there are legal grounds to do so, it would be reasonable to expect her to go to court.

The complaint

1. The complainant, who I will call Ms X, complains that she has been subject to witness intimidation and harassment after she provided evidence which is being used in ongoing court proceedings against a third party. Ms X says the Council should support her by obtaining an injunction against the third part on Ms X’s behalf.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6))

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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I will not investigate Ms X’s complaint. The issues of witness intimidation and harassment are criminal matters that are matters for the police.
7. There is no evidence of fault in how the Council considered Ms X’s request for support. The request was passed to the Council’s solicitors, who concluded the Council had no legal grounds to seek an injunction on her behalf. If Ms X disagrees and feels there are grounds to seek an injunction against the third party, it would be reasonable to expect her to apply to the courts herself.

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Final decision

8. We will not investigate Ms X’s complaint because the issues raised are better dealt with by the police and the courts.

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Investigator's decision on behalf of the Ombudsman