The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint the Council used inaccurate records at court. This is because we cannot investigate what happened in court.
The complaint
Mr X complains the Council has mislead the courts with inaccurate records and continues to do so.
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) We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
It was reasonable for Mr X to have raised any concerns about the accuracy of the Council’s records during the relevant legal proceedings.
It is reasonable for Mr X to raise any further concerns about the accuracy of the Council’s records in any subsequent legal proceedings.
Final decision
We will not investigate Mr X’s complaint because we cannot investigate what happened in court.
Investigator's decision on behalf of the Ombudsman