Summary: We cannot investigate this complaint about the Council’s actions concerning Mr X. The matters he complains of are not separable from matters that either formed part of court proceedings or could reasonably have been raised in court. We cannot consider the Council’s handling of Mr X ‘s complaint because the substantive matters complained of lie outside our legal powers.

The complaint

1. Mr X said the Council:

• Engaged in discriminatory practice;
• Breached his human rights;
• Breached professional standards;
• Engaged in professional negligence;
• Breached his confidentiality;
• Failed to follow procedures and statutory guidance.

2. He provided a significant number of examples of these points.
3. He said this harmed his mental health and reduced his contact with his daughter unlawfully.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
6. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
7. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
8. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

9. I considered information provided by the complainant and the Council.
10. I considered the Ombudsman’s Assessment Code.

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My assessment

11. Mr X’s complaint and the Council first-stage response to it contain references to three court hearings, as well as the reports and assessments the Council wrote for the court and the evidence Council officers gave. There are also references to the views expressed by a judge.
12. It is clear that the matters Mr X complained of to the Council are not separable from matters that either were or could reasonably have been heard in court. They relate to the opinions formed of him and his family by social workers and their conduct in doing so. This was in the context of a relationship having ended and allegations being made between the former partners who did not agree about the caring arrangements for their child.
13. Where we have no legal authority to investigate the substantive matters of a complaint, the courts have ruled we have no authority to consider how a council has dealt with the complaint about those matters.

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Final decision

14. We cannot investigate Mr X’s complaint because:

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Investigator's decision on behalf of the Ombudsman