Summary: The Ombudsman cannot investigate this complaint about the execution of a search warrant by the Council at the complainant’s home. This is because the matter is connected to court proceedings.

The complaint

1. Mr X says the Council executed a search warrant on his property for a business that has nothing to do with him. He says the business relates to a previous tenant who moved out 5 years ago. Mr X believes the Council should not have done this and should have been aware the business it had a search warrant for no longer trades at his address.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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

4. I considered the information provided by Mr X. He comment on the draft version of this decision.

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What I found

5. The Council says it has information that evidence connected to a current trading standards investigation may be stored at Mr X’s address.
6. It says it presented the evidence to the magistrates’ court when it requested a search warrant. The court granted the Council a warrant to enter and search Mr X’s home. This was then executed in the presence of police officers.

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Final decision

7. I cannot investigate this complaint. This is because the information used by the Council to get the search warrant was considered by the magistrates’ court as part of criminal proceedings before a court of law. Therefore, the restriction I describe in paragraph 3 applies and we have no jurisdiction to investigate this complaint.
   Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman