The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s care of the complainant’s grandchildren. This is because the complainant cannot be treated as a suitable person to complain on the children’s behalf.
The complaint
The complainant, who I will refer to as Ms B, complains that the Council has failed to ensure continuity of care for two children, failed to ensure their needs are met, and failed to communicate properly with the children’s paternal family.
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 may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms B is the paternal grandmother of two children who are in the Council’s care. Her son, the children’s father, is deceased. She complains about the Council’s care of the children. She also complains about its engagement with her and with other members of the extended paternal family.
The Ombudsman will not investigate Ms B’s complaint about the care the children have received. She does not have consent from the children’s mother to make a complaint and does not herself have parental responsibility. There is nothing to indicate that the children’s mother is supports the complaint. Without such support we cannot treat Ms B as a suitable person to complain about the children’s care and cannot pursue the complaint.
The Council’s engagement with Ms B and the paternal family related to matters concerning the children’s care. The matters are inextricably linked. We could not investigate it without considering the subject matter, which we cannot do. That being the case we cannot investigate the complaint.
Final decision
We will not investigate Ms B’s complaint because she cannot be regarded as a suitable person to complain on the children’s behalf.
Investigator's decision on behalf of the Ombudsman