The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council taking court action against Mrs X for the payment of a school attendance fine. The onset of court action has permanently removed our legal power to investigate this matter.
The complaint
Mrs X said the Council issued a school attendance fine payable on a date before she received it, then took her to court despite her paying the fine and trying to resolve the matter.
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 if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
Final decision
We cannot investigate Mrs X’s complaint because the onset of court action has permanently removed our legal power to investigate the matter.
Investigator's decision on behalf of the Ombudsman