Summary: We will not investigate this complaint about the Council ignoring a court order about where Mr X’s grandchildren should live. Mr X has a right to return to court it would be reasonable for him to use as only a court can decide disputes about where children should live.

The complaint

1. Mr X said the Council has ignored a court order about his grandchildren. He says it has closed the case and returned them to conditions of neglect with their mother rather to their grandparents’ care, as the court order stated it should if there were problems.

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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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The complaint Mr X has made to us is about the Council not adhering to a court order. He wants the Council to adhere to the order.

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Final decision

6. We will not investigate Mr X’s complaint because it concerns adherence to a court order concerning the residence of children. Only a court can enforce a court order, and it would be reasonable for Mr X to return to court.

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Investigator's decision on behalf of the Ombudsman