The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council pursuing Miss X about the school attendance of her children. The matter complained of is not separable from ongoing court action.
The complaint
Miss X said the Council has pursued a vendetta against her after it lost previous court action concerning school attendance. She said the Council has refused to accept the evidence of education she provided and is trying to enforce a school-based approach.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Court action starts when a party approaches a court. The Council has confirmed it has approached a court regarding the school attendance of Miss X’s children and that a hearing is due. Regardless of the merits of the Council’s action, its approach to the court means we cannot investigate the matters complained of, either now or when the court action ends.
Final decision
We cannot investigate Miss X’s complaint because it is not separable from matters subject to court action.
Investigator's decision on behalf of the Ombudsman