Summary: We cannot investigate this complaint about the Council’s failure to implement a care and support plan. This is because the matter has been dealt with by the court and a permanent legal bar prevents us from investigating this matter.

The complaint

1. Mr Y complained the Council failed to put into place a care and support package with direct payments or any interim support.
2. Mr Y says due to these issues he has had to fund his care himself which has caused him financial hardship and a deterioration in his mental health.

Back to top

The Ombudsman’s role and powers

3. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6), as amended)
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)

Back to top

How I considered this complaint

5. I considered information provided by Mr Y.
6. I considered the Ombudsman’s Assessment Code.

Back to top

Final decision

7. We cannot investigate Mr Y’s complaint because it relates to matters which have been subject to court action. A permanent legal bar prevents us from doing so.

Back to top

Investigator's decision on behalf of the Ombudsman