The Ombudsman's final decision
Summary: We will not investigate this complaint about Council officers’ actions relating to contact with Miss X’s family members. This is because we have already decided most of this complaint. And the new complaint matters were decided by a court so we have no discretion.
The complaint
Miss X complains about a council officer staying in contact unofficially with her family members.
She says the Council also sent false information about her to the courts and she says all of this affected her family relationships.
The Ombudsman’s role and powers
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)
How I considered this complaint
I have considered all the complaint information sent in by Miss X.
I also considered the Ombudsman’s Assessment Code.
Assessment We will not investigate matters we have already decided (complaint reference 17018533).
With respect to the information sent to the courts by the Council we cannot consider as it has already been decided in court.
Final decision
I will not investigate. This is because we have already decided most of it and the new issue has been decided in court.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman