Devon County Council (20 006 637)
Category : Children's care services > Looked after children
Decision : Closed after initial enquiries
Decision date : 01 Dec 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mrs B’s complaint that the Council has been at fault in its decisions regarding the care of her grandchildren. This is because the complaint concerns matters which will be decided in court.
The complaint
- The complainant, who I will refer to as Mrs B, complains that the Council has been at fault in its decisions regarding the care of her grandchildren.
The Ombudsman’s role and powers
- 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)
- We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
- I have considered what Mrs B has said in support of her complaint. I have offered her the opportunity to comment on my draft decision.
What I found
- Mrs B has the care of her grandchildren. She began the process of applying for a Special Guardianship Order and says the Council was initially supportive. However, she says the Council produced an inaccurate report on her suitability which it submitted to court.
- Mrs B says the Council is now attempting to remove the children from her care in order to place them for adoption. She wants the action stopped and the Council’s social worker removed from her case. She also wants the SGO to be granted.
- The Ombudsman will not investigate Mrs B’s complaint. This is because it concerns matters which will be decided in court. Matters which are before the court fall outside the Ombudsman’s jurisdiction. This includes the content of reports produced by the Council. Decisions on the care of the children, including whether to grant an SGO, are for the court and the Ombudsman cannot intervene.
Final decision
- The Ombudsman will investigate this complaint. This is because it concerns matters which will be decided in court.
Investigator's decision on behalf of the Ombudsman