Summary: We will not investigate this complaint that the Council misled a tribunal and the courts. The law prevents us from investigating what happened in court or tribunal proceedings.

The complaint

1. Mr X complains that the Council misled a tribunal and the courts. Mr X’s complaint relates to reports he made that properties he lived in were run as unlicenced Houses in Multiple Occupation (HMO) and that he was unlawfully evicted. Mr X says the Council’s action prevented him from receiving rent refunds.

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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 cannot investigate a complaint if someone has appealed to a tribunal about the same matter. We also cannot investigate a complaint if in doing so we would overlap with the role of a tribunal to decide something which has been or could have been referred to it to resolve using its own powers. (Local Government Act 1974, section 26(6)(a), as amended)
5.  

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How I considered this complaint

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

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My assessment

8. I cannot investigate Mr X’s complaint. It is about what happened in court and during tribunal proceedings. These matters fall outside of the jurisdiction of the Ombudsman and we have no discretion to investigate them.

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Final decision

9. We cannot investigate Mr X’s complaint because it is about what happened in court and tribunal proceedings.

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Investigator's decision on behalf of the Ombudsman