Summary: We cannot investigate this complaint about the Council removing a committee from running a community venue. That is because the Council has stated legal action, therefore the law says we cannot investigate.

The complaint

1. Ms X complained about the Council’s decision to remove a committee from running a community venue. She said the Council were not acting in the best interest of the venue or the community.

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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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We cannot investigate Ms X’s complaint about the Council. That is because the Council is taking legal action against the Committee. Therefore, the law says we cannot investigate.

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Final decision

7. We cannot investigate Ms X’s complaint because the Council has started legal action.

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Investigator's decision on behalf of the Ombudsman