West Sussex County Council (20 008 875)
Category : Children's care services > Looked after children
Decision : Closed after initial enquiries
Decision date : 29 Jan 2021
The Ombudsman's final decision:
Summary: We will not investigate Mr and Mrs X’s complaint about contact with their granddaughter. The family has a right to go to court about these matters it would be reasonable to use.
The complaint
- Mr and Mrs X said the Council has wrongly restricted their contact with their granddaughter.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
How I considered this complaint
- I read Mr and Mrs X’s complaint. I gave them an opportunity to comment on a draft decision.
What I found
- Mr and Mrs X’s granddaughter lives with a foster carer. They find limited contact with her distressing. Disputes about contact with children are decided by courts. They have a right to go to court it would be reasonable to use.
Final decision
- We will not investigate this complaint. This is because it would be reasonable for the family to go to court.
Investigator's decision on behalf of the Ombudsman