The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council not investigating the conduct of Mr X’s ex-partner. These matters are not separable from those Mr X could have raised in court or where he has a right to go to court it would be reasonable to use.
The complaint
Mr X said his ex-partner caused harm to him and their child during their relationship, and he said she should not be in a position of trust. He said he is reporting her to a professional body and that the Council has failed to investigate.
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) 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) 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.
I considered the Ombudsman’s Assessment Code.
My assessment
There has been court action that Mr X says has resulted in restrictions on his former partner’s contact with their child. Any new matters concerning the fitness of the ex-partner as a parent or concerning her actions connected to any court case would be for a court to decide.
Final decision
We will not investigate Mr X’s complaint because the matters he complains of are not separable from: Matters that were or could have been raised in court, which we cannot investigate; and Matters in respect of which Mr X has a right to go to court it would be reasonable to use.
Investigator's decision on behalf of the Ombudsman