The Ombudsman's final decision
Summary: We cannot investigate this complaint about child protection action taken by the Council and who it deemed suitable to care for Mrs X’s grandchildren. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. An absolute bar prevents us investigating matters that have been or could have been raised in court.
The complaint
Mrs X said the Council and a school discriminated against her whole family.
The Ombudsman’s role and powers
We cannot investigate complaints about what happens in schools. (Local Government Act 1974, Schedule 5, paragraph 5(b), as amended) 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) The courts have said that where someone has used their right of appeal, reference or review or remedy by way of 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)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
Final decision
We cannot investigate Mrs X’s complaint. The matters complained of are not separable from those which were or could have been raised in court during a case that concerned with whom her grandchildren should live and have contact. We are also subject to an absolute bar that prevents us from investigating the actions of schools.
Investigator's decision on behalf of the Ombudsman