Summary: We will not investigate Mr X’s complaint about how the Council assessed whether he could care for his grandchild. The law prevents us from investigating anything that is the subject of court proceedings. It would be reasonable for Mr X to ask the court to consider his suitability to care for his grandchild and have contact with his other grandchildren.

The complaint

1. Mr X complains about the way the Council completed an assessment at his home earlier this year. He believes the Council has discriminated against him because he is from the Traveller Community. He says the Council has ignored his complaints about this. He wants to be allowed to care for his youngest grandchild and to see his other grandchildren.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 refused to investigate Mr X’s complaint because the issues form part of ongoing court proceedings about who should care for his youngest grandchild. The Council has told us it does not want to interfere with what is happening in court by investigating and responding to Mr X’s complaints.
7. The Council is allowed to decide not to investigate a complaint when it is linked to court proceedings. The law also prevents us from investigating anything that is being considered by the court. Mr X will need to raise any concerns about any information or reports the Council has prepared for the court in that forum. We have no power to intervene or make decisions in place of the court. Only the court can decide what is in a child’s best interest and on any matters of dispute.

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Final decision

8. We will not investigate Mr X’s complaint because the court is better placed to make decisions about the care of children. The law prevents us from investigating anything that is being considered by the court.

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Investigator's decision on behalf of the Ombudsman