Summary: We cannot investigate Mr X’s complaint the Council’s viability assessment report and position on care and contact with his grandchild, who is in foster care, is unfair. We cannot lawfully investigate because a court is considering the child’s living arrangements.

The complaint

1. Mr X complains the Council’s viability assessment has decided that he and his wife are not suitable carers for their grandchild who has lived in foster care since summer 2022. Mr X says the Council’s assessment is based on untruthful hearsay evidence from family members. He disagrees with the social worker’s views on the needs of his grandchild. Mr X complains the Council failed to respond to requests for help in the child’s early years.
2. Mr X complains the Council has reduced grandparents contact with their grandchild who lived with them from birth.
3. Mr X says the Council’s viability assessment and social worker views are defamatory and emotionally devastating. He wants changes to the report. Mr X says the Council should allow him and his wife to care for their grandchild until the conclusion of the court case. He says if early help had been given the current position could have been avoided.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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)

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How I considered this complaint

6. I considered information provided by the complainant and the Council. The information includes the Council’s complaint reply dated 7 October 2022.

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My assessment

7. The Ombudsman cannot investigate this complaint or achieve the outcome Mr X wants for the following reasons:
8. The complaint is outside the Ombudsman’s jurisdiction (see paragraphs 4 and 5). A court is considering the welfare of Mr X’s grandchild including where he lives and future plans. We cannot investigate what a court is considering including the social worker’s evidence to court, opinions, and any report. The court will consider the history of the case, any allegation of significant harm to the child, help provided and previous parenting.
9. The Ombudsman cannot achieve what Mr X wants. The Council has correctly advised Mr X that he could consult a solicitor and apply to court to be a party to the ongoing case. Mr X could then put to the court his views and any request regarding care and contact with his grandchild.

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Final decision

10. The Ombudsman cannot investigate Mr X’s complaint the Council’s viability assessment report and position on care and contact with his grandchild, who is in foster care, is unfair. We cannot lawfully investigate because a court is considering the child’s living arrangements.

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Investigator's decision on behalf of the Ombudsman