Summary: Mr X complained the Council failed to recognise his role as an unpaid carer and did not provide a carer’s assessment or support. We cannot investigate this complaint as Mr X has sought a remedy by proceedings in court.

The complaint

1. Mr X complains the Council failed to recognise his role as an unpaid carer. Mr X says because of the Council’s fault he did not receive a carer’s assessment and support he was entitled to which has caused him distress.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may recommend a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot 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)
5. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

Back to top

How I considered this complaint

6. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
7. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

Back to top

What I found

8. Mr X advised the Ombudsman on 1 August 2026 that he had issued court proceedings against the Council.
9. The particulars of Mr X’s claim (attached to his claim form submitted to the County Court dated 2 June 2026) include a direct claim about the Council’s failure to recognise, assess and support him as an unpaid carer and lists various harm to him as result.
10. Mr X’s claim above is the same in substance as the matters he complained to the Ombudsman about. Therefore, Mr X’s complaint is caught by the restriction set out at paragraph 4 above and we cannot investigate.

Back to top

Decision

11. We cannot investigate this complaint. It is not an issue the Ombudsman can deal with as the complainant has sought a remedy by proceedings in court.

Back to top

Investigator's decision on behalf of the Ombudsman