Cheshire East Council (23 001 116)
Category : Children's care services > Disabled children
Decision : Closed after initial enquiries
Decision date : 19 Jun 2023
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council refusing to deal with a complaint. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The substantive matter concerns where Mr X’s adult son should live. Neither this, nor the complaint about the Council’s handling of the complaint, is separable from matters that have been subject to a court order.
The complaint
- Mr X said the Council failed to deal with his complaint. The substantive matter was the Council’s actions concerning where his disabled son should live after he became an adult.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
- 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))
How I considered this complaint
- I considered information provided by the complainant and the Council, including a court order restraining Mr X from bringing further action regarding his son and awarding costs against him.
- I considered the Ombudsman’s Assessment Code.
Final decision
- We cannot investigate Mr X’s complaint because the matters he complains of are not separable from matters that have been subject to court action.
Investigator's decision on behalf of the Ombudsman