The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint that the Council restricted his access to his children at school. This is because he is taking his complaint to court.
The complaint
Mr X complained the Council wrongly told his children’s schools that he was not allowed contact with the children at school. Mr X said the Council breached his human rights. He also complained the Council refused to address his complaint about it, and wrongly restricted his ability to communicate with the Council.
Mr X said this impacted his mental health, wellbeing, and professional life. He said he has been made to feel like an outsider in his children’s lives.
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) The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
I considered the information and documents provided by Mr X and the Council. I spoke to Mr X about his complaint. Mr X and the Council had an opportunity to comment on an earlier draft of this statement. I considered all comments and further information received before I reached a final decision.
What I found
The Council told Mr X’s children’s schools he was not allowed contact with the children at school. Mr X complained to the police and the Council. The Council said it could not accept Mr X’s complaint because he had complained to the police. Mr X then complained to the Ombudsman.
The Council told Mr X it had restricted his communication. Mr X told the Council he was taking it to court about what it told the schools.
As I have said above, we cannot investigate a complaint if someone has started court action about the matter. Mr X started court action about the main part of his complaint, which was that the Council told the schools he was not allowed access to his children. Therefore, we cannot investigate the main issue Mr X complained about.
The Council refused to address Mr X’s complaint and restricted his ability to communicate. I have not investigated these issues because they concern the matter which the law says we cannot investigate.
Decision I cannot investigate this complaint.
Investigator's decision on behalf of the Ombudsman