Summary: We cannot investigate this complaint about Mrs X’s suitability to supervise or care for a child in her family. This matter is not separable from court action.

The complaint

1. Mrs X said there was fault in the Council’s actions concerning her as a suitable supervisor or carer for her great-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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Only courts can decide who is suitable to care for children where this is disputed. There has been court action concerning Mrs X’s great-grandchild. Only another court could order different arrangements.

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Final decision

6. We cannot investigate Mrs X’s complaint because the matters complained of are not separable from the involvement of the court.

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Investigator's decision on behalf of the Ombudsman