The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council removing a committee from running a community venue. That is because the Council has stated legal action, therefore the law says we cannot investigate.
The complaint
Ms X complained about the Council’s decision to remove a committee from running a community venue. She said the Council were not acting in the best interest of the venue or the community.
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
We cannot investigate Ms X’s complaint about the Council. That is because the Council is taking legal action against the Committee. Therefore, the law says we cannot investigate.
Final decision
We cannot investigate Ms X’s complaint because the Council has started legal action.
Investigator's decision on behalf of the Ombudsman