The Ombudsman's final decision
Summary: We cannot investigate this complaint about Mrs X’s suitability to supervise or care for a child in her family. This matter is not separable from court action.
The complaint
Mrs X said there was fault in the Council’s actions concerning her as a suitable supervisor or carer for her great-grandchild.
The Ombudsman’s role and powers
We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Only courts can decide who is suitable to care for children where this is disputed. There has been court action concerning Mrs X’s great-grandchild. Only another court could order different arrangements.
Final decision
We cannot investigate Mrs X’s complaint because the matters complained of are not separable from the involvement of the court.
Investigator's decision on behalf of the Ombudsman