Summary: We cannot investigate this complaint about the Council’s decision to issue Mr X with a Community Protection Notice (“CPN”). This is because Mr X has used his right of appeal to court.

The complaint

1. Mr X complains the Council wrongly issued him with a CPN for littering and only withdrew this after he appealed.

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The Ombudsman’s role and powers

2. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot 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)
3. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
4. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

7. Mr X lodged an appeal against the CPN with the Magistrates’ court. Once court action has started the law says we cannot investigate. This remains the case even though the Council withdrew the notice before any hearing.
8. Mr X is also unhappy with the Council’s communications with him. I will not investigate as any separable injustice is not significant enough to warrant an investigation.

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Final decision

9. We cannot investigate Mr X’s complaint because he has appealed to the court.

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Investigator's decision on behalf of the Ombudsman