Summary: We cannot investigate this complaint about the Council removing Mr X’s grandchild from his care and restricting his contact. A legal bar prevents us doing so because the residence and contact arrangements for the child have been subject to court action and only a court could vary them.

The complaint

1. Mr X said the Council removed his grandchild from his care and restricted his contact with the child.

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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. 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)
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

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

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Final decision

7. We cannot investigate Mr X’s complaint because the contact and residence arrangements for his grandchild have been subject to court action and only a court could vary them.

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Investigator's decision on behalf of the Ombudsman