The Ombudsman's final decision
Summary: We cannot investigate Mr B’s complaint about the conduct of library staff because Mr B has started court proceedings. Also, the complaint is late.
The complaint
Mr B complains that on two occasions in 2023 the actions of library staff caused him serious emotional distress, public embarrassment and damage to his reputation. Mr B says the Council has not properly investigated his complaint about what happened.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended) We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council or care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by Mr B.
I considered the Ombudsman’s Assessment Code.
My assessment
Mr B has started court proceedings against the Council about the incidents he complains about. This means the restriction to our powers set out at paragraph 3 of this statement applies to Mr B’s complaint. This means we cannot investigate this complaint and have no discretion to start an investigation.
But, even if Mr B had not started court proceedings or if his court claim is misconceived, which means the courts cannot decide his complaint, we would still not start an investigation. This is because the events complained about took place in 2023.
Mr B has not complained to us within 12 months of becoming aware of the issue he complains about and I find there are not good reasons for his delay making this complaint.
Final decision
We cannot investigate this complaint because Mr B had started court action and the complaint is late.
Investigator's decision on behalf of the Ombudsman