The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s involvement with Mr B because he has already begun court action against the Council to remedy the same injustice from the same Council actions, so we have no power to investigate.
The complaint
Mr B is unhappy with the Council’s actions and involvement with his family over a children’s services matter, and about the Council’s processing of information about him. He says the Council’s actions have caused him significant frustration, distress and anxiety, and have effectively stopped his contact with his children.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) The courts have said that where someone has already sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the court action 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)
How I considered this complaint
I considered information provided by the complainant and discussed it with him by telephone.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B told me he has begun court action against the Council to claim damages for the effects of its actions on him personally and on his relationship with his children. He says he has claimed for defamation, misfeasance in office, breach of procedure and legal duties, and forgery among others. He has made a separate court claim against the contractor carrying out information and data functions for the Council. I am satisfied the Council actions involved and the claimed injustice from them are the same as those in the complaint to us.
Final decision
We cannot investigate Mr B’s complaint because he has already begun court action to remedy the same injustices from the same Council actions, so we have no power to investigate.
Investigator's decision on behalf of the Ombudsman