Summary: We cannot investigate Mr X’s complaint about the Council’s use of a document as part of proceedings it has taken against him at court. This is because the law prohibits us from investigating complaints about the commencement and conduct of court proceedings.

The complaint

1. The complainant, Mr X, complains the Council is using a document he considers invalid in court action against him.

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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 Mr X and the Ombudsman’s Assessment Code.

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Final decision

5. We cannot investigate this complaint. This is because it concerns the commencement and conduct of court proceedings. We cannot decide whether the document is valid or prevent the Council from relying on it in court.

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Investigator's decision on behalf of the Ombudsman