The Ombudsman's final decision
Summary: We cannot investigate this complaint about issues connected to matters decided in court. This is because we have no legal remit to investigate.
The complaint
Mr X says the Council has discriminated against him based on his sex, ethnicity and mental health. He says it also breached his data.
This all took place in connection with a court case to decide contact with a child. He says this has affected his mental health adversely. He would like staff to be trained, an apology and compensation.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 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 have considered all the complaint information sent in by Mr X.
What I found
The context of the Council’s involvement with Mr X was to gather information for a ‘welfare’ report to decide and contact arrangements for a child. However, we cannot intervene in court proceedings or investigate reports prepared for the court.
We cannot separately investigate council officer actions without considering their consequences. In this case, all the effect of the Council’s actions are in the court proceedings, reports, and evidence. Mr X could have raised his concerns in court.
With respect to the complaints about discrimination and alleged breach of data protection we cannot separately consider as ultimately this is all tied up with the court proceedings. 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.
Final decision
I cannot investigate this complaint. This is because the complaint issues are not separable from matters decided in court.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman