Summary: Mr X’s complaint about the Council not complying with a court judgement is outside the Ombudsman’s legal remit as he cannot investigate matters which have been considered in the courts.

The complaint

1. The complainant, whom I shall call Mr X, complains the Council has failed to comply with a court judgement to pay him compensation.

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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)

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How I considered this complaint

3. I have considered what Mr X said in his complaint.

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What I found

4. Mr X complains the Council has failed to comply with a court judgement which awarded him compensation for damage caused to his bicycle. Mr X wants the Ombudsman to make the Council comply with the judgement.

Analysis

5. We have no legal remit to investigate this matter as it relates to something which has been dealt with by the courts. We have no power to enforce a court judgement. Mr X will need to pursue this through the court system.

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Final decision

6. My decision is that the Ombudsman cannot investigate Mr X’s complaint. It has been dealt with by the courts and so it outside our legal remit.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman