Gateshead Metropolitan Borough Council (25 017 718)
Category : Children's care services > Child protection
Decision : Closed after initial enquiries
Decision date : 19 Apr 2026
The Ombudsman's final decision:
Summary: We cannot investigate this complaint about the Council’s handling of care arrangements for a child. The decision about care of the child was made by a court and the law prevents us from investigating matters relating to it.
The complaint
- The complainant, Mrs X, says the Council did not follow the correct process when determining the care of her grandchild. She says this has resulted in her not being able to see her grandchild.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X complains the Council did not assess her in accordance with the Council’s policy on kinship. She is concerned her grandchild has been placed in an unsuitable environment and has asked the Council to reassess her as a kinship carer.
- Mrs X’s grandchild was placed with carers following court proceedings instigated by the Council. The Council has informed Mrs X that it will not be reassessing her as a kinship carer and has rejected Mrs X’s complaint.
- The care arrangements for the child have been decided by a court. The law says we cannot investigate what happened in court, or matters which are related to what a court has considered or could have considered. Any alleged fault with Mrs X’s kinship assessment is closely related to the matters the Court considered and cannot therefore be investigated. The redress open to Mrs X would be to go back to court and her correspondence to us indicates this is her intention.
Final decision
- We cannot investigate Mrs X’s complaint because it concerns matters which have been considered in court, or are closely related to such matters.
Investigator's decision on behalf of the Ombudsman