The Ombudsman's final decision
Summary: We cannot investigate this complaint about alleged fraud. This is because Miss Y’s complaint relates to matters which have been considered by the courts.
The complaint
Miss Y complains the Council wrongly framed her for fraud, seized over £22,000 of her money and taken other property belonging to her. She also complains that the Council falsified court documents.
Miss Y says she feels violated, upset and has suffered significantly emotionally and financially as a result of the Council’s actions.
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 information Miss Y provided and the Ombudsman’s Assessment Code.
My assessment
Miss Y’s complaint relates to the Council’s involvement in a fraud investigation in 2013. As part of the investigation money was seized and other property including passports, sim cards and letters were taken in evidence. In 2017, a court hearing found the money taken was to be forfeited.
Miss Y has since, in 2021, instructed solicitors to have items returned to her. Some of these items were destroyed, the Council says, in accordance with court decisions. Miss Y is unhappy that items such as the large sum of money that was seized has not been returned to her. She says this was claimed fairly and is hers.
Analysis We cannot investigate Miss Y’s complaint as it is about the start of court action where evidence was taken and what happened in court. The remainder of Miss Y’s complaint is inextricably linked to the court proceedings as it relates to the return of items which were removed as evidence in the proceedings, especially where such items are subject to orders by the court. Consequently, we will not investigate this complaint as the law prevents us from doing so.
Final decision
We will not investigate Miss Y’s complaint because the complaint relates to matters already considered by the courts.
Investigator's decision on behalf of the Ombudsman