Summary: We will not investigate this complaint about the Council’s decision to prosecute the complainant. We cannot consider a complaint about the start of court action or a complaint where someone has used their right of appeal in a court of law. It would also be reasonable for the complainant to take the issue regarding alleged damage to her property to court.

The complaint

1. Mrs G says the Council attempted to prosecute her in court by using processes that were unlawful.
2. Mrs G also says the Council:

• failed to carry out a health and safety assessment
• raised unfounded animal welfare issues and tried to bully and intimidate her
• failed to carry out due diligence
• damaged and destroyed her goods which it took on the assumption it would win the court case

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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)
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
6. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to 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)

Back to top

How I considered this complaint

7. I considered information provided by Mrs G and the Council.
8. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

9. The Ombudsman cannot investigate the Council’s prosecution of Mrs G as this is about the start of court action.
10. Mrs G has also used her appeal rights in court when she appealed against the community protection notice issued by the Council. Therefore, we cannot consider this part of the complaint.
11. It is also not for the Ombudsman but for the courts to decide if the action the Council took when it seized her goods was lawful.
12. Any claim for loss or damage to this property is for the courts to decide. We cannot decide questions of liability for loss or damage.

Back to top

Final decision

13. We will not investigate Mrs G’s complaint because we cannot consider a complaint about the start of court action or where someone has used their right of appeal in a court of law. It would also be reasonable for the complainant to take the issue regarding alleged damage to her property to court

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman