Source · LGO (Local Government & Social Care Ombudsman)

Cornwall Council

LGO (Local Government & Social Care Ombudsman) Other Reference 22-006-682 Sector Other Categories Category Other Decided 01 September 2022

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Full decision

The Ombudsman's final decision

Summary: We cannot investigate this complaint about the Council’s failure to provide documents relating to a court case. This is because the complaint relates to matters decided at court and we have no remit to intervene.

The complaint

Mrs X is a legal representative. She complains on her behalf of her client about the Council’s failure to provide documents related to a court case.

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 have read Mrs X’s complaint information.

What I found

We are not a substitute for decisions made at court. We have no powers to intervene in court proceedings or investigate what documents the Council should have provided to Mrs X.

The Ombudsman cannot separately investigate council officer actions without considering their consequences. In this case all the effect of the Council’s actions are in the court proceedings, reports, and evidence.

Final decision

I cannot investigate this complaint. This is because the issues raised are connected to matters decided in court.

Investigator’s decision on behalf of the Ombudsman

Investigator's decision on behalf of the Ombudsman

View original on LGO (Local Governme… website

Other decisions involving Cornwall Council

Reference Date Summary Outcome
25-011-252 Not Upheld
25-010-099 Not Upheld
25-004-965 Upheld
25-001-722 Upheld
25-015-505 Other
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