Summary: We cannot investigate this complaint about what happened in court. The law prevents us from investigating matters which have been subject to court proceedings.

The complaint

1. Mr X complained about the Authority’s testimony in court.

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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.
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 matters which have been subject to court proceedings. Mr X could have raised his concerns in court, either by himself or via his legal representatives.

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Investigator's decision on behalf of the Ombudsman