Summary: We cannot investigate this complaint about the Council restricting X’s contact with a relative. X has sought a remedy by applying to court and so the law says we cannot investigate.

The complaint

1. X complained the Council restricted their contact with a relative (Y) who was in palliative care. X said the Council used a restraining order to prevent this contact.
2. X said the matter led her to feel hopeless.

Back to top

The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 the complainant.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. X complained the Council relied on a restraining order to prevent her contact with Y.
8. In response to X’s complaint, the Council told her to apply to the court if she wanted amendments made to the restraining order.
9. X applied to court in May 2026 to ask for amendments to the restraining order.
10. As outlined in paragraph four, we cannot investigate complaints where a person has sought a remedy in court.
11. X has applied to court to amend the restraining order and therefore to gain contact with Y. For this reason, we cannot investigate this complaint.

Back to top

Final decision

12. We cannot investigate X’s complaint because X has already sought a remedy by applying to court.

Back to top

Investigator's decision on behalf of the Ombudsman