Summary: We cannot investigate this complaint about a Council-commissioned support service allegedly failing to provide reasonable adjustments for Mr X. He has begun court action about the matter, so the law says we cannot also consider it.

The complaint

1. Mr X complained about a support service the Council commissioned. His complaints included:
• alleged discrimination and failure to put in place reasonable adjustments;
• ending Mr X’s support for reasons relating to his disability;
• breach of the Care Act 2014.
2. Mr X said the matter caused him significant distress and financial loss. He wanted the Council to apologise, make service improvements and carry out reviews and retraining of staff. He also wanted it to compensate him.

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The Ombudsman’s role and powers

3. 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)
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)

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How I considered this complaint

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

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My assessment

7. Mr X’s complaint is about the actions of a support service commissioned by the Council. The service provides support to people looking for employment.
8. Mr X says the service ended his support for reasons related to his disability. He considers it discriminated against him and failed to provide reasonable adjustments under the Equality Act 2010.
9. Mr X has started court proceedings about the matters he complained to us about. Mr X told us he remains open to settling the matter with the Council outside of court.
10. We have no power in law to investigate a complaint when the complainant has started court action about the same matter. We cannot investigate Mr X’s complaint.
11. Given that Mr X has already involved the courts, we could not investigate even if the matter was settled without any hearings, or if the court action did not result in the outcome Mr X seeks.

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Final decision

12. We will not investigate Mr X’s complaint because he has sought a remedy via court proceedings for the matters he complained to us about.

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Investigator's decision on behalf of the Ombudsman