Summary: We will not investigate this complaint about the Council’s failure to investigate officer conduct in relation to Tribunal proceedings. This is because it concerns matters that have already been decided by a Tribunal, so we have no remit to do so.

The complaint

1. Mr X complains about the Council’s failure to consider his complaint about the conduct of a Council officer, during Tribunal proceedings relating to a banning order application against his company.
2. He says the officer acted unfairly and he is exploring avenues to overturn the banning order.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

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

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My assessment

8. The Council has responded to Mr X. It told Mr X it could not investigate because the matters complained about arose from, and were closely linked to, Tribunal proceedings.
9. Mr X’s concerns relate principally to the conduct of a Council officer during banning order proceedings and the outcome of those proceedings. Whether the officer acted appropriately within the legal proceedings, and whether any evidence should or should not have been presented to the Tribunal, were matters for consideration within the Tribunal process.
10. The complaint information shows the Council considered the complaint. But decided it could not investigate because the issues raised were inextricably linked to Tribunal proceedings. The Council said Mr X’s complaint fell outside its complaints process.
11. It is not possible to separate out the officer’s conduct without looking at what happened during the Tribunal and this lies outside our jurisdiction. Therefore, we will not investigate.

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Final decision

12. We will not investigate Mr X’s complaint because it concerns matters that lie outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman