Summary: We cannot investigate Mrs X’s complaint about how the Council registered her child’s birth and handled her concerns about this. This is because the law prevents us from investigating anything that has already been considered in court.

The complaint

2. Mrs X complains that the registrar incorrectly added her ex‑wife to her child’s birth certificate, even though they were not married at the time of conception or birth. She says that, in these circumstances, her ex‑wife was not legally eligible to be recorded as a parent and that the registrar’s decision was unlawful. She wants to take legal action against the registrar.

Back to top

The Ombudsman’s role and powers

3. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
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)

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Mrs X says the Council acted wrongly by registering her former partner as a parent on her child’s birth certificate. She also says the Council should reimburse the legal costs she incurred to correct the registration.
8. Mrs X concerns relate to legal parentage and amendment of the birth certificate. These are matters for the courts and the General Register Office and fall outside our jurisdiction. The Ombudsman cannot determine legal parentage, overturn a birth registration, or require a council to pay legal costs.
9. Mrs X has now taken court action, and the birth certificate has been corrected. This means the substantive issue complained of has been resolved through the appropriate legal process. The Ombudsman cannot add to or replace the outcome of court proceedings. Because of this, we cannot investigate even if Mrs X believes the injustice she has experienced has not been fully remedied.

Back to top

Final decision

10. We cannot investigate Mrs X’s complaint because the law prevents us from investigating anything that has already been considered by the court.

Back to top

Investigator's decision on behalf of the Ombudsman