Summary: We cannot investigate Mr X’s complaint about how the Council responded to his request to use reports in court action. This is because we cannot investigate matters about the start of court action, or what happened in court.

The complaint

1. Mr X complained the Council obstructed his legal proceedings by refusing him permission to use disclosed reports. He said he continues to suffer noise nuisance which has caused his physical and mental health to deteriorate. He would like the Council to apologise, award compensation and implement mitigation measures at his home.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X said he had obtained some council reports under a Freedom of Information request. He said he had asked the Council if he could use the reports in court action he had taken under section 82 of the Environmental Protection Act 1990.
6. Mr X said the magistrates’ court required him to gain the Council’s permission to use the obtained reports.
7. We cannot investigate Mr X’s complaint because it relates to a direct consequence of a court request. The magistrate said permission to use the reports was required and Mr X did not receive permission to use the reports. We cannot investigate a complaint about the start of court action or what happened in court.

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Final decision

8. We will not investigate Mr X’s complaint because we cannot investigate matters about the start of court action, or what happened in court.

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Investigator's decision on behalf of the Ombudsman