Summary: We will not investigate this complaint about the Council’s alleged removal of two children known to Mrs X from their family home. This is because this is a matter for the courts.

The complaint

1. Mrs X complained the Council assisted the biological father of two children who were previously known to Mrs X in a grandparent capacity, from their family home.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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)

Back to top

How I considered this complaint

4. I considered information provided by Mrs X and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mrs X complained to the Council that two children that were previously known to her in a grandparent capacity were removed from their home and placed in the care of their biological father.
7. The Council confirmed that it would not investigate the matter as Mrs X does not hold parental responsibility for the children in question.
8. Mrs X has brought the complaint to the Ombudsman as she remains unhappy with the situation. The Ombudsman is unable to make decisions regarding custody arrangements. This is a matter best dealt with by the courts. It is therefore open to Mrs X to seek legal advice.

Back to top

Final decision

9. We will not investigate Mrs X’s complaint because this is a matter for the courts.

Back to top

Investigator's decision on behalf of the Ombudsman