Summary: We cannot investigate Mr X’s complaint about the Council’s actions concerning him and his family. The matters complained of are either complaints about what happened in family court proceedings, or could reasonably have been raised there. An absolute bar prevents us investigating these matters. Only a court could determine if the Council’s actions amounted to direct discrimination, so it would be reasonable for Mr X to go to court if he is seeking to pursue that matter.

The complaint

1. Mr X complained of a range of actions by the Council in its involvement with his family. These related to him, his former partner, and their children.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)
4. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
5. 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))
6. 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

7. I considered information provided by the complainant.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Mr X provided a copy of a statement he made. This contained multiple references to what happened in court, and to matters that could only be decided by a court. His complaint to us contains some of the same references. It is clear that the Council took decisions about Mr X’s children and his contact with them that he disputed, and that there was court action. A legal bar prevents us from investigating matters that were directly part of court proceedings or could reasonably have been raised in court. The bar also encompasses the opinions formed by the Council and how it formed them. That the Council may have considered his complaint about these matters does not create legal authority for us to do so.
10. The issue of discrimination, direct or otherwise, on the basis of a protected characteristic of any kind, is a matter only a court could decide. It would therefore be reasonable for Mr X to return to court if he wishes to pursue the matter of discrimination.

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Final decision

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

• The matters he complains of are ones that either formed part of court proceedings or could reasonably have done so; and
• Mr X also has a right it would be reasonable to use to go to court to pursue a claim of discrimination as only a court could reach such a finding.

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Investigator's decision on behalf of the Ombudsman