Staffordshire County Council (20 002 650)
Category : Children's care services > Friends and family carers
Decision : Closed after initial enquiries
Decision date : 03 Sep 2020
The Ombudsman's final decision:
Summary: Mrs X complained the Council did not include the paternal extended family in decisions about contact with her brother’s children. We cannot investigate this complaint, because the law prevents us from considering issues that are being considered in court.
The complaint
- Mrs X complained the Council did not include the paternal extended family in decisions about contact with her brother's children. The paternal family have not been allowed to see the children since early 2020. This caused significant distress. She seeks reinstatement of contact with the children.
The Ombudsman’s role and powers
- 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 the information Mrs X provided when she complained to us.
- I gave Mrs X the opportunity to comment on my draft decision.
What I found
- In late 2019, the Council removed Mrs X’s brother’s children from their parents. The children went to stay with their maternal grandparents, who obtained a court order. Mrs X and the rest of the paternal family had weekly contact with the children. However, this stopped in early 2020. Mrs X says she does not know if the courts issued a contact order saying they could not see the children, and she was never informed of court dates or what happened at court.
- Mrs X complained to the Council in March 2020. The Council responded saying it could not investigate a complaint because the issues were subject to court proceedings, and the court would make a final decision about the children’s contact with the extended family. The Council advised they seek legal advice and signposted Mrs X to the Ombudsman.
- We are also prevented in law from considering matters that are before the courts and we cannot investigate Mrs X’s complaint.
Final decision
- The Ombudsman cannot investigate this complaint. This is because it is about matters that are before the courts, which the law prevents us from considering.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman