Summary: We cannot investigate this complaint about the Authority’s actions, including whether it is in breach of relevant byelaws, by starting court action. Similarly, nor could we decide if the complainant is responsible for breaches of other byelaws in this matter. This is because the matter is or was being considered as part of court proceedings and the law does not allow us to investigate when a case is or has been heard in court.

The complaint

1. C complained the Authority illegally started court action without first considering arbitration with them, over a dispute relating to land drainage. C said this is written into the Authority’s byelaws. They also said the Authority had misled the court and they now want it to stop court action and address the drainage issues on their land.

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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. 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)

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How I considered this complaint

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

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Final decision

5. We cannot investigate C’s complaint because the substantive complaint matters are linked to court proceedings and the law does not allow us to consider a complaint in these circumstances.

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Investigator's decision on behalf of the Ombudsman