Summary: We cannot investigate Miss X’s complaint about the Council’s solicitor’s conduct in court proceedings. The law says we cannot investigate complaints about matters that are, or have been, subject to court proceedings. We have no discretion to do so.

The complaint

1. Miss X complains about the conduct of the Council’s solicitor in court proceedings. She says the solicitor acted aggressively and provocatively towards her, misrepresented her behaviour and made unnecessary contact with her hijab. Miss X says the Council’s investigation of the matter was one-sided and dismissive.

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

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My assessment

6. We cannot investigate this complaint. The law says we cannot investigate complaints about matters that have been subject to court proceedings. We have no discretion to do so. Any complaints or concerns about an officer’s conduct during court proceedings should be raised to the court so that the court can consider them before the conclusion of the proceedings. It is not a matter we can consider.

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Final decision

7. We cannot investigate Miss X’s complaint because it lies outside our jurisdiction and the law says we cannot consider it.

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Investigator's decision on behalf of the Ombudsman