Summary: We cannot investigate this complaint about the Council handling of Mrs X’s complaint. She has confirmed she has taken court action regarding matters that are closely linked to the matters in her complaint. Despite her view they are separable, we are legally prevented from investigating this complaint.

The complaint

1. Mrs X said the Council wrongly refused to progress her complaint on the ground she had taken legal action.

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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 if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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))
5. 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

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mrs X takes the view that her complaint about the Council refusing to progress her complaint is separable from matters where she has taken legal action. She said it was the Council’s refusal to progress her complaint and to impose contact restrictions on her, that led to her taking legal action regarding the contact restrictions, special educational needs matters and disability discrimination. Given the extent of the legal action undertaken by Mrs X, it is likely the substantive matters in Mrs X complaint could reasonably be or have been mentioned as part of legal proceedings regarding closely related matters. It follows that we cannot investigate how the Council dealt with Mrs X’s complaint as the complaint is about matters that lie outside our legal powers.

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Final decision

9. We cannot investigate Mrs X’s complaint because:

• it concerns substantive matters that could reasonably be or have been mentioned during court proceedings regarding closely related matters; and
• the courts have said we cannot investigate a complaint about any action of the Council, such as complaint handling, in respect of a matter that lies outside our legal powers.

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Investigator's decision on behalf of the Ombudsman