The Ombudsman's final decision
Summary: We will not investigate this complaint that the Council libelled the complainant. We cannot determine whether the Council libelled the complainant or should pay compensation. These are matters for the courts.
The complaint
Mr X complains the Council allowed data which it knew was libellous and untrue into the public domain and provided it to the Planning Inspector. He wants compensation such as is awarded by the courts.
The Ombudsman’s role and powers
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 Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr X says the Council’s action was libellous. The courts can consider that, so the restriction in paragraph two applies to this point. Whether libel has occurred is not straightforward legally. It is more properly a matter for the courts. The possible cost of court action does not automatically mean the Ombudsman should try to decide such points of law. Mr X could ask for his costs if court action succeeds. Overall, it is reasonable to expect Mr X to go to court if he wants a definitive ruling on defamation.
Also, Mr X seeks financial compensation for damages caused by the Council’s actions. We could not determine whether the Council was liable for damages or recommend the Council pay her compensation. Only the courts can do this.
Final decision
We will not investigate Mr X’s complaint because we cannot achieve the outcome he is seeking. These are matters for the courts.
Investigator's decision on behalf of the Ombudsman