The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s budget management and governance of the wider area’s Police and Crime Panel. The law prevents us from investigating complaints about the start of court action or what happens in court.
The complaint
Dr Y complains that the Council’s handling of his requests for information suggests it is not properly conducting public business. Dr Y says he is concerned the Council’s administration and finances may be being managed inefficiently or dishonestly.
Dr Y says this has caused avoidable time and trouble.
Dr Y wants the Council to review its administrative processes, apologise and amend the data he regards as inaccurate.
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 have the power to start or end an investigation into a complaint about actions the law allows us to investigate. 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 Dr Y.
I considered the Ombudsman’s Assessment Code.
My assessment
The matters Dr Y complains about are inseparable from matters the court will consider as part of pending court proceedings.
We cannot investigate this complaint. The law prevents us from investigating complaints about the start of court action or what happens in court.
Final decision
We cannot investigate Dr Y’s complaint because the law prevents us from investigating complaints about the start of court action or what happens in court.
Investigator's decision on behalf of the Ombudsman