Summary: We will not investigate this complaint about the Council’s treatment of Ms X. The matters complained of are not separable from the opinions of her formed by a social worker and given in court, which we cannot investigate. Investigation by us would not lead to a worthwhile outcome.

The complaint

1. Ms X said the Council’s treatment of her was marked by bias and incidents of disability discrimination. She said her relationship with her children had been destroyed by the Council’s actions.

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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)
4. 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:

• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Ms X’s complaint to the Council ran to 12 pages. It is clear from the letter that the matter leading to the complaint was the involvement and opinions of social workers concerning issues in her family that were before a court.

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Final decision

8. We will not investigate Ms X’s complaint because the matters complained of are not separable from matters which have been considered by a court that we cannot investigate. Given that, investigation would not lead to a worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman