Summary: We cannot investigate this complaint about the Council keeping Mr X’s grandchild in care. This is because the child’s residency was decided by a court. Any breach of a court order or request to change the child’s residency could only be decided by a court. It would therefore be reasonable for Mr X or a member of his family to go to court to seek re-unification with the child.

The complaint

1. Mr X said the Council has kept his grandchild in care despite a court dismissing claims against the child’s mother and returning other children to family members. He said he wanted the Council to re-unite the child with their family.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
3. 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))
4. The courts have said that where someone has sought a remedy by way of proceedings in any court of law, we cannot investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)
5. 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

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

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Final decision

8. We cannot investigate Mr X’s complaint because:

• A court will have decided the child’s residency, and a legal bar prevents us investigating matters that have been or could reasonably have been mentioned during court proceedings;
• Any breach of a court order can only be resolved by returning to court; and
• Mr X and his family have a right to go to court it would be reasonable to use to seek their desired outcome regarding the residency of the child.

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Investigator's decision on behalf of the Ombudsman