Summary: The Ombudsman cannot investigate any aspect of this complaint about action taken by officers in the environmental protection department. This is because it has already been decided in court.

The complaint

1. Mrs X complains on behalf of her son, Mr Y, about the Council unfairly prosecuting her vulnerable son for flytipping. She says the Council unfairly pressurised him in to pleading guilty and his learning difficulties were not highlighted at the time.

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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 have considered the complaint information provided by Mrs X.

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What I found

4. Mr Y pleaded guilty to illegally disposing waste in 2015 and he was convicted in a court of law.
5. We cannot investigate this or any related matters as they have already been subject to legal action in the magistrates’ court.

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Final decision

6. The Ombudsman cannot investigate any aspect of this complaint as it has already been decided in the magistrates’ court. This prohibits the Ombudsman from investigating.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman