Somerset Council (23 020 907)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 10 Oct 2024
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council separating members of a family. The matters complained of have formed part of court action and we are legally prevented from investigating them.
The complaint
- Mrs X said the Council separated her family for nearly two years by making false accusations until she finally won in court.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
- 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)
- 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))
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council’s decisions regarding Mrs X’s family were subject to court action. The matters she complains of are ones that were or could reasonably have formed part of the court process. The legal bar that prevents us investigating these and related matters is wide, absolute and permanent, and is triggered at the onset of court action.
Final decision
- We cannot investigate Mrs X’s complaint because the matters she complains of are closely related to matters that were or could reasonably have been raised during court action.
Investigator's decision on behalf of the Ombudsman