Summary: We will not investigate Ms X complaint about a children services’ assessment on her. We cannot investigate events a Court is considering.

The complaint

1. The complainant, whom I shall call Ms X, complains about the Council children services team’s assessment of her as a carer for her grandchild, Y.

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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. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))

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How I considered this complaint

4. I considered information provided by Ms X.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Ms X says she was involved in meetings about Y’s care before Y’s birth. The Council started an assessment on Ms X to consider whether she could become Y’s carer. The Council also considered Y’s great grandparent. Ms X complained to the Council about the assessment on her and its outcome.
7. The Council’s response shows the Court is considering Y’s care. We cannot investigate events which the Court is considering. It is deciding Y’s care and that could include whether Ms X should be Y’s carer. The Court can order viability assessments on potential carers.

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Final decision

8. We will not investigate Ms X’s complaint as we cannot investigate the assessment Ms X complains about because the reasons for that assessment are subject to court proceedings.

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Investigator's decision on behalf of the Ombudsman