The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council revealing information in error. The matter complained of is not separable from court proceedings, and only a court could decide a dispute over legal costs.
The complaint
Ms X said the Council accidentally revealed information about her children in response to a court order. She said this was shown to another person involved in the court case, who used the information maliciously in the case. She said the financial settlement the Council has offered is inadequate and that she cannot afford to return to court. She said the Council ignored her complaint for a year, then wrongly told her she could not approach the Ombudsman.
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 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) The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of 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 the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The bar against the investigation by us of matters not separable from court proceedings is absolute and wide-ranging. No part of the complaint is separable from court action. Only a court could order the increased financial settlement Ms X seeking from the Council.
Final decision
We cannot investigate Ms X’s complaint because it is not separable from court proceedings. The complaint about how the Council dealt with the complaint is thus also outside our jurisdiction. Ms X has a right to return to court it would be reasonable to use.
Investigator's decision on behalf of the Ombudsman