The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s actions in relation to Mr X and his child. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The matters complained of are not separable from matters that have been or could have been raised in court.
The complaint
Mr X complained of actions by the Council in relation to his child. He said the Council had been biased against him. He said it had excluded him from meetings and favoured the child’s mother despite her use of alcohol, placing the child at risk.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), 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 Mr X’s complaint because the matters he complains of are not separable from matters regarding who should care for the child that were or could have been raised in court.
We have already investigated and found fault in a complaint by Mr X about the Council delaying a risk assessment (ref. 21 000 972), and we will not investigate the same matter twice.
Investigator's decision on behalf of the Ombudsman