Summary: We will not investigate Miss X’s complaint about the Council’s involvement with her grandchild, following her daughter’s death. The courts are better placed to consider care arrangements for Miss X’s grandchild. We also could not add to the Council’s complaint responses to Miss X or achieve the outcomes she wants.

The complaint

1. Miss X complains about the Council’s involvement with her grandchild, following her daughter's death. Miss X believes the Council deliberately got involved because they wanted to put her grandchild up for adoption. Miss X says she is capable and willing to care for her grandchild but the Council is preventing this.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is another body better placed to consider this complaint, or
• there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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 the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council has responded to Miss X complaints about the action it took in relation to her grandchild when her daughter died suddenly. It has explained it could not share some information with Miss X as she does not have parental responsibility for her grandchild. The Council has met with Miss X and further explained the reasons for its actions, including why it did not consider her suitable to care for her grandchild long term. The Council has explained how Miss X can challenge its decision by asking the court to consider her as a carer/guardian for her grandchild.
7. The Council’s responses and meeting with Miss X are detailed and thorough. Miss X may disagree with the conclusions the Council has reached, but that is not evidence of fault. We could not achieve anything more if we investigated further. The court is better placed than us to consider some of the issues Miss X has, such as who will look after her grandchild long term.

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Final decision

8. We will not investigate Miss X’s complaint because we could not add to the Council’s investigation. The courts are better placed to consider any future care arrangements for Miss X’s grandchild.

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Investigator's decision on behalf of the Ombudsman