Source · LGO (Local Government & Social Care Ombudsman)

Rotherham Metropolitan Borough Council

LGO (Local Government & Social Care Ombudsman) Other Reference 23-021-330 Sector Education Category Other Decided 15 May 2024

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Full decision

The Ombudsman's final decision

Summary: We cannot investigate this complaint about the Council taking court action against Mrs X for the payment of a school attendance fine. The onset of court action has permanently removed our legal power to investigate this matter.

The complaint

Mrs X said the Council issued a school attendance fine payable on a date before she received it, then took her to court despite her paying the fine and trying to resolve the matter.

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 if someone has started court action about the matter. (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.

Final decision

We cannot investigate Mrs X’s complaint because the onset of court action has permanently removed our legal power to investigate the matter.

Investigator's decision on behalf of the Ombudsman

View original on LGO (Local Governme… website

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