Summary: We will not investigate this complaint about the Council’s assessment of Ms B as a potential carer for her granddaughter. This is because the complaint concerns a matter which will be decided in Court.

The complaint

1. The complainant, who I will refer to as Ms B, complains that the Council was at fault in making a negative assessment of her suitability to care for her granddaughter.

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The Ombudsman’s role and powers

2. 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)
3. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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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. Ms B put herself forward as a potential carer for her granddaughter. The Council made negative assessment of her suitability. Ms B complains about the assessment, which she regards as unreasonable and discriminatory. She wants the matter to be reconsidered.
7. We cannot investigate Ms B’s complaint. Decisions about the care of Ms B’s granddaughter are for the Court to make, and therefore fall outside the Ombudsman’s jurisdiction. The Council’s assessment is material to the matters the Court will decide and can only be challenged in Court. By law, the Ombudsman cannot consider its contents or how it was produced.

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Final decision

8. We will not investigate Ms B’s complaint because it concerns a matter which will be decided in Court.

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Investigator's decision on behalf of the Ombudsman