The Ombudsman's final decision
Summary: Mr X complained the Council froze his bank accounts because of a criminal investigation. He said he lost money as a result of this. We have discontinued our investigation because the complaint is outside the Ombudsman’s jurisdiction.
The complaint
The complainant, who I refer to here as Mr X, complains that the Council froze his bank accounts because of a criminal investigation.
Mr X says a significant amount of money has been taken from his bank accounts, and it has cost money in legal costs. He also says the pressure of the Council’s investigation led to him suffering a breakdown.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)
How I considered this complaint
I considered the information and documents provided by Mr X and the Council. We spoke to Mr X about his complaint. Mr X and the Council had an opportunity to comment on an earlier draft of this statement. I considered all comments received before I reached a final decision.
What I found
The Council decided to take legal action against Mr X’s company. A court granted the Council’s application for a restraint order which froze Mr X’s bank accounts.
Mr X complains that the Council froze his bank accounts because of a criminal investigation. As I have said above, we cannot investigate a complaint about the start of court action or what happened in court. This includes the Council’s decision to take legal action.
The decisions and actions Mr X complains about stem from the Council’s legal action. Mr X’s complaint is therefore outside the Ombudsman’s jurisdiction. For this reason, we cannot investigate this complaint.
Final decision
I have discontinued my investigation. The Ombudsman cannot investigate this complaint because it is outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman