Summary: We will not investigate this complaint about the Council’s refusal to deal with Mr X’s complaint. The matters complained of are not separable from matters that have been before a court, which we cannot investigate. A complaint about the handling of data is for the Information Commissioner’s Office, not us. Claims for compensation are also more appropriately dealt with through the courts.

The complaint

1. Mr X said the Council wrongly refused to deal with his complaint. He said it was negligent and failed to protect him and his children from domestic violence. He said it manipulated its records, encouraged conflicts, and recorded false information. He said the Council had threatened him. He said he wanted a senior officer disciplined and his solicitor told the Council he wanted £400,000 in compensation.

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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 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)
5. 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)
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))
7. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide there is another body better placed to consider this complaint, or we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

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

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My assessment

10. The matters complained of are not separable from the opinions of a social worker about the residence and contact arrangements for children. Mr X’s view it not the same as the Council’s, and he says he and his children have experienced domestic violence. The evidence I have seen suggests a court has considered who should care for Mr X’s children. It would have been reasonable to for Mr X to raise those issues in court. If he has not done so, it would be reasonable for him to return to court. Any new decision about contact and residence can only be made by another court. A complaint about data inaccuracy of the failure of the Council to respond to a subject access request (SAR) is for the Information Commissioner’s Office (ICO). And claims for compensation are for the courts, not us. Finally, we cannot investigate the Council’s complaint handling when it concerns a matter that is not within our jurisdiction.

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Final decision

11. We will not investigate Mr X’s complaint because:

• We cannot investigate matters that were or could have been considered during court action;
• Mr X has a right to go to court to change his children’s contact and residency it would be reasonable to use;
• It would be reasonable for Mr X to use his right go to court if he is seeking a large sum of compensation for damages;
• The ICO is better placed than us to consider alleged data inaccuracies and failures to respond to SARs; and
• We cannot consider the Council’s complaint handling as it concerns matters outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman