Wakefield City Council (25 000 404)
The Ombudsman's final decision:
Summary: We cannot investigate Mr X’s complaint about the Council offering him only programmes for domestic abuse perpetrators rather than a course for male victims or survivors of domestic abuse as this matter could reasonably have been mentioned during court proceedings concerning the care of his child. A permanent legal bar prevents us investigating the complaint.
The complaint
- Mr X said the Council had failed to offer him an appropriate course for victims or survivors of domestic abuse, but instead offered him courses for perpetrators of domestic abuse. He said this has prevented less restrictive contact with his child.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Council’s response to Mr X’s complaint, which was in the correspondence he sent us, stated that the court had considered the matter of domestic abuse in his relationship with his former partner.
- The complaint correspondence also contained a statement by him that indicated he raised the matter he now complains of at the time of court proceedings. It does not state if this was raised in court as opposed to being raised with a social worker at that time, but it would have been reasonable to do so as the court action concerned the care of his child.
Final decision
- We cannot investigate Mr X’s complaint because he could reasonably have mentioned the matter he complains of during court proceedings regarding the care of his child. A permanent legal bar prevents us investigating this complaint.
Investigator's decision on behalf of the Ombudsman