Summary: We cannot investigate this complaint about the Council’s decision to apply to the court for an injunction. This is because we cannot investigate complaints about the start of court action or what happened in court.

The complaint

1. Mr X and Mr Y have complained about the Council’s decision to apply to the court for an injunction. They say the Council presented untrue information to the court and the injunction was therefore granted incorrectly. Mr X and Mr Y say they have been treated unfairly by the Council.

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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 Mr Y and the Ombudsman’s Assessment Code.

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My assessment

5. Mr X and Mr Y have raised many concerns about the Council’s enforcement investigation and its decision to apply to the court for an injunction. However, the Ombudsman cannot investigate complaints about the commencement of court proceedings and therefore we cannot consider a complaint about the Council’s decision to seek an injunction.

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Final decision

6. We cannot investigate Mr X’s and Mr Y’s complaint because we cannot investigate complaints about the start of court action or what happened in court.

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Investigator's decision on behalf of the Ombudsman