Summary: The Ombudsman cannot investigate this complaint about a viability assessment report and the Council’s involvement with the complainant’s grandson. This is because the matters complained of are out of jurisdiction due to being related to court proceedings, or lack of consent.

The complaint

1. The complainant, who I refer to here as Miss E, says that:
• A viability assessment carried out by the Council for her to take care of her grandson through a Special Guardianship Order, is inaccurate and unfairly rejects her as a potential carer;
• The Council has treated her daughter and grandson badly; and
• Her daughter was not provided with adequate support when her son was taken into care.

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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 may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)

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How I considered this complaint

5. I considered carefully the information provided by Miss E, and I have sent her a draft decision for her comments.

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What I found

6. Miss E’s daughter has a child who has been taken into care.
7. Miss E says that the Council did not carry out a viability assessment on her properly, with the result that she was denied the opportunity to care for her grandson.
8. We cannot consider this issue, as the decision to take the child into care was made in court. It is in court that any challenge to the accuracy or fairness of Miss E’s viability assessment should have been made. Only a court can change the decision.
9. Miss E also says that the Council has treated her daughter and grandson badly and unfairly. She says that her daughter should have been provided with better support when her child was taken into care.
10. We will not consider this matter as Miss E has no consent to make a complaint on behalf of her daughter, and does not have Parental Responsibility for her grandson. It is up to Miss D’s daughter to raise concerns or complaints about her son.

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Final decision

11. I cannot investigate the substantive complaint. This is because the complaint relating to the complainant has been subject to court proceedings and is out of jurisdiction. Additionally she does not have authority to complain about her daughter or grandson.

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Investigator's decision on behalf of the Ombudsman