Summary: We cannot investigate this complaint about the Council’s involvement in a court case where Mr X was prosecuted in connection with the sale of goods online. This is because the matter has been decided in court.

The complaint

1. Mr X complains about being prosecuted by the Council’s Trading Standards department. He says he is suffering anxiety and financial loss of over £10,000 comprising legal fees.

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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 the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. I cannot investigate Mr X’s complaint as his complaint matters have been decided at court. This places the matter outside of our jurisdiction.

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Final decision

7. We cannot investigate Mr X’s complaint because the matter has been considered in court.

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Investigator's decision on behalf of the Ombudsman