Summary: We cannot investigate this complaint about what the Council included in an assessment. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. The matters complained of are not separable from the conduct of legal proceedings that we cannot investigate.

The complaint

1. Mr X said the Council accused him of things he had not done in an assessment. He said he did not get the response to a subject access request that he needed in time for a court case where he wished to challenge the assessment, and that his grandchild had now been adopted. He wanted the Council to go back to court and retract the allegations against him.

Back to top

The Ombudsman’s role and powers

2. 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)
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 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)

Back to top

How I considered this complaint

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

Back to top

Final decision

7. We cannot investigate Mr X’s complaint because the matters complained of are not separable from the conduct of legal proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman