Summary: We cannot investigate Ms X’s complaint about the actions of the Council which led to the issuing of a community protection notice. The matter has been to court.

The complaint

1. Ms X complained about the actions of Council officers after receiving complaints of excessive noise from her dogs. She also complains the Council was wrong to issue her with a community protection notice.
2. Ms X says the Council’s actions have made her feel harassed and bullied.

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The Ombudsman’s role and powers

3. 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)

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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. Ms X said the Council issued her with a community protection notice and she appealed to the Magistrates’ Court. We cannot investigate complaints where the person had a right of appeal and used it.

Final decision

7. We cannot investigate Ms X’s complaint because the matter has been to court.

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Investigator's decision on behalf of the Ombudsman