Summary: We will not investigate this complaint about the Council defending a legal claim. This is because the law does not allow us to investigate matters which are connected to court proceedings or employment matters.

The complaint

1. X complained the Council were at fault for defending an earlier civil claim but did not provide support to them during related employment tribunal proceedings. X said this was potentially discriminatory.

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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)
4. We cannot investigate a complaint if it is about a personnel issue. (Local Government Act 1974, Schedule 5/5a, paragraph 4, as amended)

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How I considered this complaint

5. I considered information provided by the complainant and I considered the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate X’s complaint because it relates to conduct of court proceedings and is also related to employment matters, both of which are excluded from our jurisdiction.

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Investigator's decision on behalf of the Ombudsman