Summary: We cannot investigate this complaint about the Council’s actions in pursuing a prosecution against Mr X. This is because we cannot investigate a complaint about the start of court action.

The complaint

1. Mr X complains the Council inappropriately pursued a prosecution against him as the landowner rather than against contractors employed to carry out work which caused damage to trees protected by a Tree Preservation Order (TPO). He says as a result of the Council’s actions he incurred financial loss and reputational damage.

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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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Final decision

6. We cannot investigate Mr X’s complaint because we cannot investigate a complaint about the start of court action.

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Investigator's decision on behalf of the Ombudsman