Summary: We will not investigate Miss X’s complaint about an allegation of discrimination and safeguarding issues in the Council’s handling of Miss X’s Disabled Facilities Grant application. This is because Miss X has commenced court proceedings. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate.

The complaint

1. Miss X complains about potential discrimination and safeguarding issues in the Council’s handling of Miss X’s Disabled Facilities Grant application. She says the actions of the Council have put her and a family member in daily risk.

Back to top

The Ombudsman’s role and powers

2. 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

3. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
4. I have used the Ombudsman’s Assessment Code.

Back to top

What I found

5. The Council has contacted the Ombudsman to say that it has received notice of court action from Miss X relating to allegations of discrimination and safeguarding failures.
6. As this court action encompasses the main areas of the complaint brought to us by Miss X, I cannot investigate this as it does not fall within our jurisdiction.

Back to top

Final Decision

7. We will not investigate Miss X’s complaint because court action has been commenced and this is outside our jurisdiction.

Back to top

Investigator's decision on behalf of the Ombudsman