The Ombudsman's final decision
Summary: We cannot investigate Mr X’s complaint about the care arrangements for his grandchild. This is because the matter has been subject to court proceedings.
The complaint
Mr X complains about how the Council has dealt with matters concerning the care of his grandchild. Mr X says the Council has failed to act in the best interests of the child and failed to recognise his status as a legal guardian, resulting in his grandchild being placed in a dangerous environment.
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 about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, 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
I cannot investigate Mr X’s complaint about the care arrangements of his grandchild. This is because these matters have been considered in court during proceedings to determine the care arrangements for the child. We cannot investigate any information that the Council provided to the courts during these proceedings, including any information that has been provided to the Council about Mr X’s status as legal guardian.
Final decision
We cannot investigate Mr X’s complaint because the matter has been subject to court proceedings.
Investigator's decision on behalf of the Ombudsman