The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s treatment of Mr X. The matters complained of are not separable from matters that either formed or could reasonably have formed part of court proceedings.
The complaint
Mr X said the Council’s treatment of him was biased, including believing unfounded allegations against him and ignoring evidence to the contrary. He said the Council also withheld information from the investigator after he complained.
The Ombudsman’s role and powers
We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended) We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended) 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))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
The documents supplied by Mr X show that the context of the complaint involved the assessment by the Council of Mr X’s parenting after a relationship ended. In what he wrote, he referred to court action that happened twice, including recent court action. He also referred to the Council sending documents to the courts and to documents being ordered by the courts. It is therefore likely that what the Council claimed about his parenting was either adduced in court or could reasonably have been.
Final decision
We cannot investigate Mr X’s complaint because the matters of which he complains are not separable from matters that either formed part of court proceedings or could reasonably have done so.
We cannot investigate a complaint about the way the Council dealt with Mr X’s complaint, as the substantive matters are outside our jurisdiction.
Investigator's decision on behalf of the Ombudsman