Summary: We cannot investigate this complaint about actions the Council took after receiving a safeguarding referral. The matters complained of are not separable from matters that either have been or could have been raised in a court case.

The complaint

1. Miss X said the Council failed to follow policies and procedures correctly, made serious misleading allegations, and some staff displayed unprofessional behaviour.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
3. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to 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.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss X’s complaint to the Council confirmed she had exercised her right to go to court concerning the actions it took.

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Final decision

7. We cannot investigate Miss X’s complaint because it is not separable from matters that have been or could have raised during court action.

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Investigator's decision on behalf of the Ombudsman