Summary: We will cannot investigate this complaint about the care arrangements of the complainant’s grandchild. This is because this matter is now subject to court proceedings which places it outside of out jurisdiction.

The complaint

1. The complainant, who I will call Mrs X, complains that her application to care for her grandchild was unfairly rejected.

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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)

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How I considered this complaint

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

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My assessment

6. The Council assessed Mrs X’s suitability to care for her grandchild, whilst the Council initially supported her application it later withdrew support.
7. I cannot investigate Mrs X’s complaint. This is because the residence of her grandchild is currently being decided by a court, and issues relating to her potential involvement with the care of her grandchild could now reasonably be raised in current court proceedings.

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Final decision

8. We cannot investigate Mrs X’s complaint because the matter is subject to court proceedings.

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Investigator's decision on behalf of the Ombudsman