Summary: We cannot investigate Mr X’s complaint about the Council’s handling of matters relating to his grandson because it lies outside our jurisdiction. This is because the matter is closely linked to ongoing court proceedings. The law prevents us from considering complaints about matters that are being, or have been, considered in court. We have no discretion to do so.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council’s handling of his young grandson’s reintroduction to his mother.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Mr X complained to the Council about its handling of his young grandson’s reintroduction to his mother. Mr X is concerned about his grandson’s wellbeing. He would like to have contact with him and for him to be returned to his care.
8. The overall matter of custody is subject to ongoing private court proceedings. Mr X is a party to these proceedings. The Council told Mr X it cannot consider a complaint where there are ongoing court proceedings and that his complaint is inextricably linked to the proceedings. It advised Mr X to raise his concerns to the court before it reaches a decision. A further hearing is due to take place next month.
9. There is no sign of fault in the Council’s approach here. The Ombudsman is also prevented from considering complaints about matters that are subject to court proceedings.
10. The Council confirmed to Mr X that it is monitoring his grandson’s wellbeing and welfare.

Back to top

Final decision

11. We cannot investigate Mr X’s complaint because it lies outside our jurisdiction. The law prevents us from considering complaints about matters that are, or have been subject to court proceedings. We have no discretion to do so.

Back to top

Investigator's decision on behalf of the Ombudsman