The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint the Council took matters about her grandchild to court under false pretences. The law prevents us from investigating anything that is or has been the subject of court proceedings.
The complaint
Ms Y complains the Council failed to properly investigate issues involving her grandchild, before escalating the matter to court. She believes court action could have been avoided if the Council had done this. She alleges the Council fabricated evidence for and lied to the court. She believes the Council did not share all relevant evidence with the court.
The Ombudsman’s role and powers
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) The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant and the Ombudsman’s Assessment Code.
My assessment
The Council has explained to Ms X that it cannot investigate her complaints because she does not have parental responsibility for her grandchild and the decisions about their care were made by the court. The Council has advised Ms X to return to court if she wants to challenge the decision.
Like the Council, we also do not have the power to investigate anything that is or has been considered by the court. The law prevents us from investigating anything that has happened in court. This includes any involvement of the Council in those proceedings or the decisions the court has made as a result. Any concerns about the Council or the court proceedings should be raised with the court directly or through legal representative(s). We have no power to intervene or make decisions in place of the court. Ms X will need to return to court if they wish to challenge the decision about the care of their grandchild or any other matters of dispute.
Final decision
We will not investigate Ms X’s complaint because the law prevents us from investigating anything that is or has been the subject of court proceedings.
Investigator's decision on behalf of the Ombudsman