Summary: We will not investigate this complaint about the Council’s regulation of contact between Mrs X and her grandchild. Only a court can decide what contact arrangements should be.

The complaint

1. Mrs X said social workers were biased and manipulative and are wrongly preventing contact with her grandchild

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The Ombudsman’s role and powers

2. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
3. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), 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. Who Mrs X’s grandchild has contact with can only be decided by a court. Her complaint indicated court action was due in October 2021. The matters complained of are not separable from that.

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Final decision

7. We will not investigate Mrs X’s complaint because the matters complained of are not separable from that of contact with a child, which can only be decided by a court.

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Investigator's decision on behalf of the Ombudsman