Summary: The Ombudsman should not investigate Mr J’s complaint about human rights abuses, because Mr J can take the matter to court.

The complaint

1. Mr J complains that human rights abuses by the Council over the past 30 years led to the death of his father and have caused Mr J immense suffering.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

3. I have considered the information Mr J provided with his complaint and discussed his complaint with him over the phone.

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What I found

4. When I asked Mr J what he hoped an Ombudsman investigation would achieve, he said he wanted his complaint to go to court. Investigation by the Ombudsman cannot achieve this; it is action Mr J must initiate himself.
5. The court is better placed than we are to consider complaints about the abuse of human rights. So it would be reasonable to expect Mr J to go to court.

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Final decision

6. The Ombudsman should not investigate this complaint, because Mr J can take the matter to court.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman