Summary: We cannot investigate Mr X’s complaint about the Council failing to install a dropped curb. The law says we cannot consider matters when court proceedings have started.

The complaint

1. Mr X complained the Council failed to install a dropped curb outside his property after he had paid it to complete the work. He said the delay in installation had caused him avoidable distress as it affected his ability to access his property.

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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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We cannot investigate this complaint as Mr X has started court proceedings against the Council. The law says we cannot investigate when court action has started.

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Final decision

7. We cannot investigate Mr X’s complaint because he has started court proceedings. That means it is outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman