Summary: We cannot investigate Mr X’s complaint about how the Council dealt with safeguarding concerns he raised about a school. This is because Mr X has commenced court proceedings about these matters.

The complaint

1. Mr X complains that the Council failed to properly deal with safeguarding concerns he raised about his child’s school.

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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. 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

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We cannot investigate Mr X’s complaint because he has started legal proceedings in the courts. The law will not allow us to investigate complaints when someone has commenced proceedings in court about the same matters.

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Final decision

7. We will not investigate Mr X’s complaint because he has commenced legal proceedings.

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Investigator's decision on behalf of the Ombudsman