Summary: We cannot investigate this complaint about the decision of an Authority to take court action. This is because the law prevents us from investigating complaints about court action or what happened in court.

The complaint

1. Mr X complained about the decision of an Authority to take court action against him and others. He said the court action had a financial impact and caused him mental stress.

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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 Authority.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We cannot investigate Mr X’s complaint because the law prevents us from investigating complaints about the start of court action or what happened in court.

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Investigator's decision on behalf of the Ombudsman