Summary: We will not investigate this complaint about the Council’s decision to take court action and its actions during court proceedings. The law prevents us considering complaints about court processes.

The complaint

1. Mrs X complained about the Council’s decision to take court action against her and its actions during court proceedings, including delay and lack of evidence. Mrs X says the matter has caused her significant distress and knock-on impacts on her career and reputation. She wants answers about the basis of the Council’s representations to court, and for the Council to compensate her for the impact its actions had on her.

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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)
4. 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))

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How I considered this complaint

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

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My assessment

7. Mrs X’s complaint is about the Council’s decision to begin court action and its actions during the proceedings. The law specifically prevents us from considering complaints about the start of court action or what happened in court, which includes the Council’s representations to court.
8. All matters Mrs X raises could have been raised as part of the proceedings, and so there is no part of the complaint that is separable from those proceedings. We cannot investigate this complaint.

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Final decision

9. We will not investigate Mrs X’s complaint because it is about the start of court action and what happened during the proceedings.

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Investigator's decision on behalf of the Ombudsman