Summary: We cannot investigate this complaint about the Council allegedly sharing incorrect information with a third party. The information has been considered in court, and the law prevents us from investigating the content of court submissions. It is reasonable for Mr X to challenge the accuracy of the information in court. It is not proportionate for us to consider other complaints, including concerns about the Council’s complaint-handling.

The complaint

1. Mr X complained the Council’s Environmental Health team violated policies, discriminated against him, shared inaccurate information with a third party and conducted a cover up. He said this negatively impacted court proceedings and caused him distress. He wanted the Council to make service improvements.

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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)
3. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
4. 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, or
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement.

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

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

The Council allegedly sharing incorrect information

7. Mr X’s complaint is about the Council having allegedly shared inaccurate information with his landlord. This information has subsequently been considered as part of court proceedings Mr X initiated. Mr X says the information has important consequences for the proceedings.
8. The law prevents us from investigating matters that have been considered in court. While the court’s role in this case is not to consider whether the Council has acted with fault, we have no power to intervene in court proceedings and consider the content of any party’s submissions to court. It is reasonable for Mr X to dispute the accuracy of the information as part of the proceedings, given that he says it affects the outcome.

The Council’s response to Mr X’s question and complaint

9. Mr X’s complaint included a concern the Council declined to:
• respond when he asked it what date it had closed his environmental health case; and
• consider a complaint about the matter.
10. Mr X considers this discrimination and an attempt to cover up misconduct.
11. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
12. It is not proportionate to investigate these matters alone when we cannot investigate the substantive matter. There is insufficient evidence these matters have caused Mr X a significant injustice or that the Council’s actions were based upon any protected characteristics Mr X holds.

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Final decision

13. We cannot investigate Mr X’s complaint because it is about information that has been considered in court. It is not proportionate for us to consider the peripheral complaints Mr X raises given that we cannot consider the substantive matter.

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Investigator's decision on behalf of the Ombudsman