Summary: The Ombudsman will not investigate Mrs X’s complaint about the Council taking her grandchildren into care and the impact on her contact with them including a planned holiday. The complaint is outside jurisdiction because a court is considering the welfare of the children and could deal with a dispute about contact arrangements.

The complaint

1. Mrs X complains the Council took her grandchildren into care saying that she had put one of them at risk. Mrs X says the Council did not tell her she could not allow any of the children to go to their mother when it asked her to care for them during a weekend. Mrs X complains the Council is allowing her only supervised contact with her grandchildren when she has a court order granting her contact.
2. Mrs X complains that the Council’s decision to take the children into care meant she could not take them on a planned holiday. She suffered financial loss because the money paid was not refundable.

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The Ombudsman’s role and powers

3. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
4. 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

5. I have considered Mrs X’s information and comments. I discussed the complaint with Mrs X by telephone following her receipt of my draft decision statement. I have considered the Council’s reply to her complaint and clarified with it the court position.

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What I found

6. Mrs X says during the summer of 2019 the Council asked her to have the children for a weekend. It did not place restrictions on what she could do. She says she has worked with the Council to protect her grandchildren given the family problems. On the Monday she needed to go out and so left the youngest with a parent. The Council says what happened raises a safeguarding concern. The Council tells me it took the children into voluntary (section 20) care and then started care proceedings. The Court granted the Council interim care orders on the children and is considering the future of the children. Mrs X tells me she is a party to the proceedings.
7. Mrs X says she has a court order allowing her weekly contact. The Council allowed Mrs X only supervised contact once the children came into care.
8. Mrs X says the placement of the children into care meant she could not take them on a planned holiday.

Analysis

9. I will not investigate this complaint for the following reasons:
10. A court is considering the welfare of the children which will include the circumstances of them coming into care. Those matters are outside the Ombudsman’s jurisdiction (see paragraph 4 above). Mrs X can explain her view of what happened at court and can raise contact arrangements with the court.
11. There is insufficient reason to investigate what happened with the proposed holiday. The Council has the right to determine where the children go whilst they are in care. A safeguarding concern or reception into care would take priority over a planned holiday. The Council is not likely responsible for the cancellation of a holiday in those circumstances. Once the court proceedings started, the following month, Mrs X could raise the possibility of a holiday with the court.

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Final decision

12. The Ombudsman will not investigate Mrs X’s complaint about the Council taking her grandchildren into care and the impact on her contact with them including a planned holiday. The complaint is outside jurisdiction because a court is considering the welfare of the children and could deal with a dispute about contact arrangements.

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Investigator's decision on behalf of the Ombudsman