Summary: We will not investigate this complaint about the Council’s handling of Mr X’s complaint. The courts have said we can decide not to consider complaints about complaint procedures when the law prevents us from investigating the substantive matter.

The complaint

1. Mr X complains about the Council’s handling of his complaint, which he says caused distress.
2. Mr X wants the Council to review its complaint processes, apologise and properly consider his complaint.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot 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)
5. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

6. I considered information provided by Mr X.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The law prevents us from investigating the substantive matter in Mr X’s complaint because he has sought a remedy in court.
9. The courts have said we can decide not to consider complaints about complaint procedures when the law prevents us from investigating the substantive matter. We collect information about particularly poor complaint handling practice and report this back to organisations.
10. We will not investigate Mr X’s complaint. We can decide to use our general discretion not to investigate complaints about complaint procedures when we cannot make findings on the substantive matter that lies outside our jurisdiction.

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Final decision

11. We will not investigate Mr X’s complaint because the courts have said we can decide not to consider complaints about complaint procedures when the law prevents us from investigating the substantive matter.

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Investigator's decision on behalf of the Ombudsman