Summary: We cannot investigate this complaint about the Council refusing to consider Mr X’s complaint about its actions in removing his children from his care. The matters he complains of are closely related to matters that either were or could reasonably have formed part of court proceedings. A legal bar prevents us investigating them.

The complaint

1. Mr X said the Council wrongly refused to consider his complaint about its actions. These actions related to child protection matters where the Council has sought a court order in respect of Mr X’s children.

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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. 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. 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))
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. Mr X’s complaint to us, and the Council’s refusal of his complaint, both make it clear that the matter at the heart of the complaint is the Council’s decision to seek a care order regarding his children. Matters relating to the actions of social workers and the opinions they formed are all closely linked to that. It is clear that court action was at the least started. In such circumstances, a legal bar prevents us investigating closely related matters. It follows that we cannot investigate how the Council dealt with the complaint about these matters.

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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 in court. A court judgement prevents us investigating how the Council dealt with the complaint about these matters.

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Investigator's decision on behalf of the Ombudsman