Summary: We cannot by law investigate this complaint about legal action brought against the complainant by the Council in relation to alleged anti-social behaviour. This is because the issues complained about relate to matters subject to legal proceedings in court.

The complaint

1. The complainant (Mr X) complains about legal action brought by the Council in relation to alleged anti-social behaviour. Specifically, he alleges the Council unlawfully applied for an injunction to restrict his liberty and social life. Mr X alleges the restrictions sought would be limited to constraining the actions of those who shared a particular ‘protected characteristic’ under the Equality Act 2010 (the Act). He says the Council failed to comply with its public sector equality duty under the Act before commencing proceedings.
2. He also complains about the conduct of the Council during the course of the legal proceedings. In summary, Mr X says the alleged fault amounts to him being discriminated against which has been distressing. As the Council obtained an interim injunction order from the court in the first instance, he also says his right to peaceful assembly was unlawfully interfered with.
3. As a desired outcome, Mr X wants the Council to apologise for the alleged failings and pay him an amount of compensation to acknowledge the impact its actions had on him. He also wants the Council to provide him assistance with finding an area where he can meet with others locally in the community.

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The Ombudsman’s role and powers

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. 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

6. I considered information provided by the complainant and the Council. I also considered the Ombudsman’s Assessment Code.

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My assessment

7. The issues complained about have all been subject to legal proceedings in court between 2021 and 2022. This includes legal restrictions imposed on Mr X by the court and the Council’s compliance with provisions under the Act. We have no legal jurisdiction to investigate this complaint as the restriction I outline at paragraph four (above) applies.
8. In any event, the legal proceedings referred to above already determined the Council did not comply with its public sector equality duty. I recognise Mr X alleges this amounts to him being discriminated against under the Act which in turn breached his human rights, but these are questions of law. The Ombudsman is not the appropriate body to arbitrate such matters. I see no exceptional reason why Mr X could not reasonably take court action in respect of these issues, particularly given he has legal representation. The restriction I outline at paragraph five (above) also applies.

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Final decision

9. We cannot by law investigate this complaint because the issues complained about relate to matters subject to legal proceedings in court.

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Investigator's decision on behalf of the Ombudsman