London Borough of Lewisham (24 000 388)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 08 Apr 2024
The Ombudsman's final decision:
Summary: We will not investigate Mrs X’s complaint about children services’ actions as she has taken Court proceedings against the Council.
The complaint
- Mrs X complains about children services’ actions.
The Ombudsman’s role and powers
- The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. (Local Government Act 1974, section 26(6)(c), as amended)
- 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)
How I considered this complaint
- I considered information provided by Mrs X.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X says the Council’s children services’ team have been “acting on illegality, dishonesty, intimidating and using emotional blackmail, abusing their position of power, and trust and acting outside of their jurisdiction”. She says this has been towards her family and says it has caused her detriment. She says the Council’s responses to her complaint have been inadequate. She says she is seeking £1.2millon in compensation.
- Mrs X says she has started High Court proceedings against the Council for this and a hearing is set in May 2024.
- We cannot investigate any of the Council’s actions or events complained of, as Mrs X has taken Court proceedings against the Council.
Final decision
- We will not investigate Mrs X’s complaint because we cannot investigate events and actions which Mrs X has taken Court proceedings against the Council for.
Investigator's decision on behalf of the Ombudsman