Summary: We cannot investigate this complaint that the Council has allowed a third party to register the complainant’s daughter at a school. This is because he has taken the matter to court and this places the complaint outside our jurisdiction.

The complaint

1. The complainant, who I will refer to as Mr X, complains that the Council has allowed a third party with no parental responsibility for his daughter to register her at a school.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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)

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How I considered this complaint

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

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My assessment

6. Mr X holds sole parental responsibility for his daughter. He complains that the Council has permitted a third party to register his daughter at a school.
7. The Ombudsman cannot investigate this complaint because Mr X has applied to the Court for a Prohibited Steps Order regarding his daughter’s residence and arrangements for her education. The matter will be decided in court. By law, this places the matter outside the Ombudsman’s jurisdiction. There is no discretion available to us.

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Final decision

8. We cannot investigate Mr X’s complaint because he has taken the matter to court and this places it outside our jurisdiction.

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Investigator's decision on behalf of the Ombudsman