Summary: We cannot investigate Miss X’s complaint about the actions of a care provider acting on behalf of the Council. This is because Miss X began court action about them. The Ombudsman cannot consider cases about matters which have been to court.

The complaint

1. Miss X complained about the actions of Right At Home UK, a care provider acting on behalf of the Council. The care provider was commissioned to provide care and support to Miss X at home.

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The Ombudsman’s role and powers

2. The law says we cannot investigate a complaint when someone has taken the matter to court. (Local Government Act 1974, section 26(6)(c), as amended)
3. The courts have said that this is the case even if the court case 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)

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How I considered this complaint

4. I considered evidence provided by Miss X and the care provider.
5. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

6. Miss X complained to the Ombudsman in June 2025. She began court action against the care provider a few months later. The matters Miss X raised with the Ombudsman were the same as those she began court action about. The court case ultimately focused on procedural issues with Miss X’s claim and did not consider the substantive concerns she had about the care provider’s care.
7. The Ombudsman cannot investigate complaints where the matters raised have been subject to court proceedings. This is the case even if the court case has not provided a remedy for the injustice claimed. Therefore, I have ended our consideration of Miss X’s complaint.

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Decision

8. I have ended my investigation because the Ombudsman cannot consider the matters Miss X complained about.

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Investigator's decision on behalf of the Ombudsman