The Ombudsman's final decision
Summary: I cannot investigate this complaint about a prosecution sought by the Council concerning a licencing matter. This is because the law prevents us from investigating the commencement of court proceeding and about what happened in court.
The complaint
Mr X complains about a prosecution the Council sought against him concerning a licencing matter. He says the Council acted on false information, failed to provide information to the court and tried to extort money from him during the proceedings.
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 provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I cannot investigate Mr X’s complaint. This is because it concerns the commencement of court proceedings and about the Council’s actions during those proceedings. The law prevents us from investigating such complaints.
Final decision
We cannot investigate ’s complaint because it concerns the commencement of court proceedings and about what happened in court.
Investigator's decision on behalf of the Ombudsman