Summary: We cannot investigate this complaint about the Council’s decision to issue Mr X with a community protection warning. This is because Mr X has started court action.

The complaint

1. Mr X complains about the Council’s decision to issue a community protection warning. He also complains about the Council’s communications, failure to safeguard him, and poor complaint handling in relation to the warning.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
3. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

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

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Final decision

6. We cannot investigate Mr X’s complaint because he has taken the same matters to court.

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Investigator's decision on behalf of the Ombudsman