The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about the Council’s actions in relation to a tree preservation order. The law prevents us from investigating matters which a Court considered.
The complaint
Mr X complained the Council provide incorrect information about a tree preservation order that led to prosecution.
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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In September 2021 the Council gave Mr X a notice for the alleged removal of a tree with a preservation order. The Council then issued criminal Court proceedings.
We cannot investigate. Mr X’s complaint is about evidence the Council provided to the Court during court proceedings. The law prevents us from investigating complaints about matters considered in court.
Final decision
We cannot investigate Mr X’s complaint. The law prevents us from investigating matters considered at court.
Investigator's decision on behalf of the Ombudsman