Summary: We will not investigate this complaint about the Council’s handling of events leading to a prosecution. This is because we cannot investigate complaints about the start of court action.

The complaint

1. Mr X says that he and Mr Y were victims of entrapment by the Council.

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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 the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X says he and Mr Y were victims of entrapment by the Council.
7. The matter was subject to criminal investigation by the Council.
8. The Council prosecuted Mr X and Mr Y. The Court found Mr X and Mr Y guilty.

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Final decision

9. We will not investigate this complaint because we cannot investigate complaints about the start of criminal proceedings before any court of law.

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Investigator's decision on behalf of the Ombudsman