Summary: We will not investigate Mrs X’s complaint she was excluded from her granddaughters’ child protection case. At this time, we cannot properly consider what injustice earlier events may have caused. Mrs X applied to court to reinstate contact with her granddaughters, and any decision we can make will rely on the outcome of those court proceedings.

The complaint

1. Mrs X complained she was excluded from the Council’s child protection case relating to her granddaughters despite promises she would be involved. She does not believe the Council has properly investigated concerns, or properly safeguarded her granddaughters. She believes the Council has not sought the children’s views without the influence of their mother and her partner.
2. This caused Mrs X to be unable to have contact with her granddaughters despite her previous heavy involvement. This has caused significant distress.

Back to top

The Ombudsman’s role and powers

3. 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)

Back to top

How I considered this complaint

4. I considered the information Mrs X provided when she complained to us.
5. I considered information the Council provided.
6. I considered Mrs X’s comments on my draft decision.

Back to top

What I found

7. Mrs X has been heavily involved with her granddaughters until early 2020, when the Council began making enquiries due to child protection concerns relating to the children’s parents. Mrs X’s daughter, the children’s mother, stopped Mrs X’s contact with them.
8. Mrs X says she had been assured by the Council she would be involved in the child protection case. However, the children’s mother did not consent to this, so Mrs X was not involved. Mrs X is concerned about her grandchildren’s welfare and believes their mother would have unduly influenced the views the children expressed to the Council. The Council has closed the case and says there are no current safeguarding concerns that warrant its involvement. Mrs X has since applied to court for an order to reinstate contact with her grandchildren.
9. The Council, and the Ombudsman, cannot require Mrs X’s daughter to allow her to have contact with the children. We cannot intervene in court proceedings and we cannot investigate what happens in court, for example the content of the Council’s reports to court and how that has impacted proceedings.
10. We may be able to investigate events before Mrs X involved the courts. The Ombudsman’s role involves deciding what would have happened but for any fault by the Council. Mrs X says the Council’s actions caused her to be unable to have contact with her grandchildren. Until the outcome of the proceedings is known, we cannot say what injustice was caused by any fault in the Council’s earlier actions.
11. Mrs X should raise her concerns as part of the court process, as the issues she raises may influence that decision. She can complain to the Ombudsman when the court has made a final decision and at that point we can consider whether the complaints she raises about the Council’s earlier involvement are separable from the issues considered by the court.

Back to top

Final decision

12. The Ombudsman will not investigate this complaint. This is because we cannot say at this time what would have happened but for any fault by the Council. Mrs X can bring her complaint back to the Ombudsman after court proceedings have finished.

Back to top

Investigator's decision on behalf of the Ombudsman