Summary: We will not investigate this complaint about legal advice the Council provided in meetings. That is because the Court is best placed to consider Mr X’s complaint.

The complaint

1. Mr X complained the Council’s Director of Legal provided inaccurate information in a Full Council meeting held in September 2020; and in an Overview and Scrutiny Committee in February 2022. He said the Council’s action undermined local democracy

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. In Mr X’s complaint to the Council, he said it had failed to properly apply the Localism Act 2011 when providing legal advice in the above meetings. The Council has set out in its complaint response, its own view of the legislation. If Mr X wants to challenge this, it would be reasonable for him to raise it in court. It is not the role of the Ombudsman to interpret the law or investigate the content of the Council’s legal advice.

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Final decision

6. We will not investigate Mr X’s complaint because it would be reasonable to take the matter to court.

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Investigator's decision on behalf of the Ombudsman