Summary: We will not investigate this complaint about the Council’s actions in pursuing Ms X about school attendance. The matters complained of are not separable from matters subject to court action. Even if that were not so, matters before 2021 are late, and there would be no good reason to exercise discretion to investigate them now.

The complaint

1. Ms x said the Council has harassed, victimised, bullied and discriminated against her since 2011. She said the Council had failed to provide an education for her daughter or to protect her from bullying. He said the Council had provided no help, but instead had constantly tried to take her to court.

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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. 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)
4. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

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

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My assessment

7. The correspondence Ms X provided, and her complaint to us, confirm that the Council took legal action against her in 2021 regarding school attendance. Once the Council first approached a court, any actions connected to the court action, whatever course it took, would be outside our jurisdiction. The Council’s actions at that time are thus not separable from matters that formed part of a court process. The complaint about matters from before the time of Ms X’s complaint to the Council in 2021 are also late. She was aware of these matters and able to complain in mid-2021, so there would be no good reason to investigate them now even we were not otherwise prevented from investigating by the onset of court proceedings.
8. I have seen no evidence that Ms X has complained to the Council of matters since 2021. However, should she have done that, or do so now, and complain again to us, we would be unable to investigate any matters that could not be separated from any more recent legal action via the courts against Ms X regarding school attendance.

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Final decision

9. We will not investigate Ms X’s complaint because:

• We cannot investigate matters not separable from the Council’s action in 2021 against Ms X via a court;
• The complaint about matters before 2021 also late, and there would be no good reason to investigate it now even if there had been no court proceedings; and
• We have seen no evidence of any complaint to the Council about matter post-2021. Ms X should first complain to the Council before approaching us. However, we could not investigate any matters that were not separable from any further court proceedings.

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Investigator's decision on behalf of the Ombudsman