The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s failure to provide documents relating to a court case. This is because the complaint relates to matters decided at court and we have no remit to intervene.
The complaint
Mrs X is a legal representative. She complains on her behalf of her client about the Council’s failure to provide documents related to a court case.
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 have read Mrs X’s complaint information.
What I found
We are not a substitute for decisions made at court. We have no powers to intervene in court proceedings or investigate what documents the Council should have provided to Mrs X.
The Ombudsman cannot separately investigate council officer actions without considering their consequences. In this case all the effect of the Council’s actions are in the court proceedings, reports, and evidence.
Final decision
I cannot investigate this complaint. This is because the issues raised are connected to matters decided in court.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman