Summary: We cannot investigate this complaint about the Council’s responses to Mr X’s concerns about his children. The matters complained of are closely linked to matters concerning the residence and contact arrangements for children, which have been subject to court action. A legal bar prevents us investigating them.

The complaint

1. Mr X said the Council concerns about his children raised by him and other organisations. He said it has not acted in the interests of his children and failed to accept his complaint.

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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. 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. 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))
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
6. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. The complaint correspondence sent by Mr X and the Council contains multiple references that confirm that court action has taken place recently concerning who may safely care for and have contact with his children. The legal bar that prevents us investigating these matters is wide and permanent. It begins at the first contact of any party with a court, and includes all the opinions formed by those parties, whether written or oral, that are or could reasonably be aired in court. That Mr X takes the view the Council has ignored valid concerns does not create an exception. This legal bar also means we cannot consider how the Council responded to Mr X’s complaint.

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Final decision

10. We cannot investigate Mr X’s complaint because the matters complained of are closely linked to matters that either were or could reasonably have been raised during court action. A legal bar therefore prevents us from doing so; and
11. We cannot investigate the Council’s response to Mr X’s complaint as a court judgement prevents us from doing so.

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Investigator's decision on behalf of the Ombudsman