Summary: We cannot investigate this complaint about the Council’s actions in respect of Mr X and his children between 2021 and 2024. The matters he complained of are closely related to matters that were or could reasonably have been mentioned during family court proceedings. A legal bar prevents us investigating them. We cannot investigate how the Council dealt with Mr X’s complaint as it concerns matters we are legally prevented from investigating.

The complaint

1. Mr X said failures by the Council have caused significant and lasting harm to his children and him. He said these included delays in providing therapy, breaches of statutory duties, and non-compliance with court orders.
2. He said although the Council admitted fault, their proposed remedies did not adequately address the severity of the impact.
3. He said the Council's offer of a goodwill payment was grossly insufficient given the profound distress caused and the financial burden he has incurred, including legal costs amounting to thousands of pounds.

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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 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)
9. 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

10. I considered information provided by the complainant.
11. I considered the Ombudsman’s Assessment Code.

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Final decision

12. We cannot investigate Mr X’s complaint because all the points of complaint made to the Council and in respect of which it has offered a remedy:

• Directly concern the conduct of court proceedings; or
• Are closely related to matters such as the opinions and the actions of the Council that were or could reasonably have been raised during court proceedings; or
• Relate to the Council’s handling of Mr X’s complaint about these matters.

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Investigator's decision on behalf of the Ombudsman