The Ombudsman's final decision
Summary: We will not investigate this complaint the Council plagiarised Mr X’s model of work. That is because it is reasonable for Mr X to take the matter to Court.
The complaint
Mr X complained the Council plagiarised a model of work he had developed. He said that has resulted in him not getting financial gain from his work. He wants the Council to apologise.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), 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
Mr X developed a model of working to promote participation between parents of children with Special Educational Needs and services. That model is copyrighted. He said the Council has plagiarised the use of that model.
It is reasonable for Mr X to take the matter to Court if he believes the Council has used his work without his permission. The Court can decide whether to stop the Council use of material and award damages. Therefore, we will not investigate.
Final decision
We will not investigate Mr X’s complaint because it is reasonable for him to take the matter to Court.
Investigator's decision on behalf of the Ombudsman