Summary: We have discontinued our investigation. We cannot investigate this complaint because the complainant has initiated court proceedings about the same matter. The law prevents us from investigating anything that has been the subject of court proceedings.

The complaint

1. Mr X complains the Council mishandled a standards investigation and hearing, including procedural failures and breaches of the Human Rights Act. He says this caused significant distress to himself and others, reputational damage in their small community, financial loss from legal costs, and adverse effects on their wellbeing and businesses. Mr X seeks to have the Council’s decision overturned, a public apology, procedural improvements, and compensation for legal expenses incurred.

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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 if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
5. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWC 2847 (Admin))

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How I considered this complaint

6. I considered evidence provided by Mr X and the Council, as well as relevant law, policy and guidance.
7. Mr X and the Council will now have an opportunity to comment on my draft decision. I will consider any comments before making a final decision.

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Decision to discontinue

8. Mr X complains the Council mishandled a standards investigation and hearing, including breaches of its procedures and the Human Rights Act. He says this caused reputational damage, distress, and financial loss, and he seeks the overturning of the decision and compensation.
9. Mr X has confirmed that he and others commenced judicial review proceedings against the Council in July 2025. The judicial review proceedings challenge the Standards Hearing Panel’s findings and the procedures the Council followed. These are materially the same matters raised in the complaint to us.
10. We cannot investigate a complaint where the issues raised are being considered in court proceedings. The law says we must not investigate when a complainant has begun court proceedings about the same matter. This applies even where a decision on permission to proceed has not yet been made. We have therefore discontinued our investigation.

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Decision

11. We have discontinued our investigation. We cannot investigate because the complainant has initiated court proceedings about the same matter. The law prevents us from investigating anything that has been the subject of court proceedings.

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Investigator's decision on behalf of the Ombudsman