Summary: We cannot investigate this complaint about the Council carrying out Community Protection activities and approaching the Police. This is because an alternative remedy has been used and the issues complained about relate to matters subject to legal proceedings in court. There is insufficient evidence of fault by the Council.

The complaint

1. Mr X complained about the Council carrying out Community Protection activities against him, and instructing the Police to arrest him.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B).)

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot 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.)

5. 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

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

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My assessment

8. The Council carried out Community Protection activities involving Mr X, who then appealed against this in the magistrates’ court. Therefore Mr X has made use of an alternative remedy.
9. The Council is entitled inform the Police if it thinks crime may have been committed. There in insufficient evidence of fault in the Council doing so.
10. The issues Mr X has complained about are subject to legal proceedings in court. The Council has told Mr X it is unable to comment on the matters he raises because of these legal proceedings. We are by law unable to investigate.

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Final decision

11. We cannot by law investigate this complaint. This is because Mr X has sought an alternative remedy in a court of law and the issues complained about relate to matters subject to legal proceedings in court. There is insufficient evidence of fault in the Council reporting matters to the police.

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Investigator's decision on behalf of the Ombudsman