Summary: We cannot investigate this complaint about the legality of funding allocated to the Council, schemes not being implemented lawfully and potential deception. This is because it relates to matters already considered by the court.

The complaint

1. Mr X complains about:
• the legality of funding allocated to the Council for low traffic neighbourhood schemes;
• schemes not being implemented lawfully and without proper consultation and
• potential deception and misuse of taxpayer money.
2. Mr X said the Council has failed to respond to a number of different forms.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. We cannot investigate this complaint because it relates to matters that have been considered by a court. We therefore have no jurisdiction, regardless of the outcome of court proceedings.
8. We will not investigate the communication issues separately. It is not a proportionate use of public resources to investigate communication issues when we are not investigating the substantive matters complained about.

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Final decision

9. We cannot investigate this complaint because it relates to matters already considered by the courts.

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Investigator's decision on behalf of the Ombudsman