The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s decision to refuse his application for a COVID-19 self-isolation payment. This is because the matter falls outside our jurisdiction. Mr X has commenced court proceedings against the Council and the law does not allow us to consider an issue Mr X has previously asked the court to consider.
The complaint
The complainant, Mr X, complains the Council wrongly refused his application for a COVID-19 self-isolation payment.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
The law says we cannot normally investigate a complaint when someone could take the matter to court. We may decide to investigate if we consider it would be unreasonable to expect the person to go to court but cannot investigate if the person has already made an application to a court to consider the matter. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by Mr X and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We cannot investigate this complaint. This is because Mr X has sought a remedy for the issue at court.
Investigator's decision on behalf of the Ombudsman