Summary: We cannot investigate this complaint about the behaviour of a Council officer involved in the successful prosecution of an employee from Mr X’s company. This is because the complaint falls outside our jurisdiction as the matters complained about have already been considered by the courts.

The complaint

1. The complainant, who I refer to as Mr X, says a Council officer abused his position with his involvement in a case which resulted in the prosecution of an employee from Mr X’s company.

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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 information provided by Mr X.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We cannot investigate Mr X’s complaint because the complaint falls outside our jurisdiction as the matters complained about have already been considered by the courts.

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Investigator's decision on behalf of the Ombudsman