Summary: We will not investigate this complaint about evidence that may be used by the Council in court proceedings, as it is reasonable for Mrs J to raise this matter in court. It is unlikely we would find fault on the Council’s part in refusing to accept Mrs J’s complaint.

The complaint

1. The complainant, who I shall refer to as Mrs J, complains the Council:

• used out of date information from malicious allegations against her and her family as evidence in a custody issue for her Grandson; and
• did not accept her complaint about the case.

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The Ombudsman’s role and powers

2. 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)
3. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)

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How I considered this complaint

4. I read the complaint and the Council’s response. I considered Mrs J’s comments on a draft decision.

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What I found

5. Mrs J says the Council has a 30-year-old case file which is preventing her being granted special guardianship of her Grandson. The court is currently deciding who Mrs J’s Grandson should reside with, and Mrs J says she is not part of the court proceedings.
6. Mrs J says she has not applied for special guardianship as the Council have said she would not be suitable as that or a foster carer for her Grandson.
7. The Council advised Mrs J and her daughter, who is the child’s mother, to raise these matters in court through their legal representatives. The court case about Mrs J’s Grandson is still ongoing.
8. We will not investigate this complaint as it is reasonable for Mrs J to apply for special guardianship and challenge any evidence the Council may present as part of the current court proceedings. It is open to Mrs J to apply for special guardianship and challenge the Council’s evidence in court.
9. Mrs J says when she complained to the Council, it refused to consider the matter because of the legal action.
10. The Council said to Mrs J that it will not investigate her complaint as it could prejudice any ongoing court proceedings. It did say a complaint could be made after court matters have finished.
11. The Children Act 1989 Representations Procedure (England) Regulations 2006 says the Council can decline the complaint in these circumstances.
12. We will not investigate the Council failing to accept a complaint as it is unlikely we would find fault on its part.

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Final decision

13. We will not investigate this complaint about evidence that could be used in an ongoing court case by the Council. Matters relating to Mrs J’s Grandson are currently in court and she can raise issues with the court. It is unlikely we would find fault by the Council in refusing the complaint.

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Investigator's decision on behalf of the Ombudsman