Summary: We will not investigate this complaint about the Council seizing Mr X’s business goods. The law prevents us considering some points. Other points are too closely related to matters raised in ongoing court proceedings.

The complaint

1. Mr X complains the Council seized his business goods without notice. Mr X also says the Council damaged the goods during the seizure and afterwards did not deal with him properly about the matter.
2. Mr X says the Council’s actions have caused him financial loss, reputational damage to his business and mental distress.

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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 about the start of court action or what happened in court (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended).
5. 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)).

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How I considered this complaint

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

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My assessment

8. Mr X complains the Council seized his business goods without notice and damaged them in the process.
9. The Council has since started prosecuting Mr X in relation to his trading of the seized items.
10. Mr X wants the Council to return his goods, apologise, and pay compensation for its actions and any damage caused. He also wants the Council to stop the prosecution.
11. The restriction in paragraph 4 prevents us investigating the Council’s decision to start and continue with the prosecution. That restriction covers both the commencement and conduct of civil or criminal proceedings. It will be for the court to decide what should happen to the goods.
12. Questions about whether the Council was at fault in relation to the seizure and storage of the goods are too closely related to matters the court will decide for us to reasonably separate and decide them before the court action concludes.

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Final decision

13. We will not investigate Mr X’s complaint. The law prevents us investigating some points and other points are too closely related to court action.

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Investigator's decision on behalf of the Ombudsman