Can the Lgo investigate the time period when a case was at FTT or JR?

**LGO investigations when open to FTT or JR**
There has been caselaw in place previously stating that complaint investigations can’t look at the time when there was an alternative recourse open such as FTT or JR. I remember seeing somewhere that this had now been lifted and both complaints being investigated by the council and by the LGO could be looked at regardless of any other open recourse at the time.
Can anyone point me to the case law or law that states this is now the case?
Thanks in advance.