Summary: We cannot investigate this complaint about a dropped kerb installation. Mr X has started proceedings in the courts, and the law does not allow us to investigate this matter.

The complaint

1. Mr X was unhappy with the quality of work the Council completed when it installed a dropped kerb. He said it took too long to complete the work and was too expensive.

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The Ombudsman’s role and powers

2. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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Final decision

5. We cannot investigate Mr X’s complaint because he has started legal proceedings n the courts and the law will not allow us to investigate.

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Investigator's decision on behalf of the Ombudsman