The Ombudsman's final decision
Summary: We will not investigate Mr X’s complaint about the Council’s failure to reply to his complaint. The matters he complained of have been the subject of judicial review proceedings.
The complaint
Mr X says the Council failed to reply to his complaint made in 2017 about a children services matter.
The Ombudsman’s role and powers
The courts have said that where someone has used their right of appeal, reference or review or remedy by proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916) The courts have said we can decide not to investigate a complaint about any action by a council concerning a matter which is outside our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
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 that in February 2017 he complained to the Council about a children services matter. He says the Council did not properly reply to his complaint. He says he delayed in contacting us about this because, ‘this matter became the subject to legal proceedings’. He says he applied for Judicial Review in December 2017 and those proceedings did not finish until December 2020.
We cannot investigate matters which have been the subject of judicial review proceedings. We will not investigate how the Council has replied to a complaint about those matters.
Final decision
We will not investigate Mr X’s complaint because we cannot investigate matters which have been the subject of judicial review proceedings.
Investigator's decision on behalf of the Ombudsman