Summary: We will not investigate this complaint about how the Council dealt with Miss X’s complaints. The substantive matters in the complaints are closely linked to matters concerning the care of children which are or have recently been subject to court action. We are legally prevented from investigating these matters.

The complaint

1. Miss X said the Council had failed to properly deal with her complaints. Her complaints to the Council concerned contact arrangements for her children and the alleged bias of the Council in favour of the children’s father.

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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 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

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

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My assessment

9. The complaint correspondence I have seen includes statements by both parties concerning then current court action. The prevention of contact, the Council’s views about contact between Miss X and her children, its alleged bias against Miss X, and what it may have written about her are all closely connected to the issue of contact arrangements. The legal bar that prevents us investigating matters closely linked to court action is wide and permanent. We are also legally prevented from investigating how the Council has dealt with Miss X’s complaints about these matters.

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Final decision

10. We cannot investigate Miss X’s complaint because:

• We are legally prevented from investigating matters closely linked to matters that were or could reasonably have formed part of court action; and
• We are legally prevented from investigating how the Council dealt with complaints about matters we cannot investigate.

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Investigator's decision on behalf of the Ombudsman