Summary: We will not investigate this complaint about the Council’s handling of Miss C’s complaint. This is because the matters are not separable from court proceedings.

The complaint

1. Miss C complains about the Council’s refusal to investigate her complaint.

Back to top

The Ombudsman’s role and powers

2. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.

Back to top

I considered the Ombudsman’s Assessment CodeMy assessment

4. Miss C’s complaint is about the Council not responding to her questions about a Family Assistance Order. A Family Assistance Order is a court order.
5. Miss C raised her concerns with the Council during ongoing court proceedings. The Council decided not to investigate the complaint because the matter is before the court. The Council was entitled to make that decision. It is not for us to question that decision.
6. Because the issues raised are part of court proceedings, we cannot investigate the substantive matter. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue.

Back to top

Final decision

7. We will not investigate Miss C’s complaint because it is not separable from matters in the court proceedings.

Back to top

Investigator's decision on behalf of the Ombudsman