The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s decision to prosecute a private landlord under the Protection from Eviction Act 1977. The case is subject to criminal court proceedings, and we have no jurisdiction to investigate these matters.
The complaint
Mr X complained about the actions of the Council’s officers in taking eviction proceedings against him under the protection from Eviction Act 1977. He says the officer involved with collecting evidence and witness statements failed to properly represent the events
The Ombudsman’s role and powers
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 the information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council’s officers failed to properly investigate allegations by his tenant about an eviction which was claimed to be carried out by him illegally. He says the witness evidence provided by the tenant was not properly verified and that the officer involved encouraged the tenant to seek a prosecution.
We cannot investigate complaints about matters subject to court proceedings. The Council has confirmed that Mr X was given an opportunity to attend an interview under caution as the prosecution is about a criminal matter and that he did not attend. The court hearing is scheduled for the end of May 2025, and it is for Mr X to present any challenges to the court as part of his defence.
Final decision
We cannot investigate this complaint about the Council’s decision to prosecute a private landlord under the Protection from Eviction Act 1977. The case is subject to criminal court proceedings, and we have no jurisdiction to investigate these matters.
Investigator's decision on behalf of the Ombudsman