Summary: We will not investigate Mrs X’s complaint about the Council’s handling of contact between her, her family and her grandchild. The law prevents us from investigating anything that is or has been the subject of court proceedings.

The complaint

1. Mrs X complains the Council has lied, manipulated and discriminated on grounds of disability. She complains the Council has kept her and her family away from her grandchild, who is the subject of an Interim Care Order (ICO). Mrs X says the separation is causing significant distress to her and her family. She wants the Council to provide an apology, compensation and regain her family’s confidence.

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The Ombudsman’s role and powers

2. 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

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The Council has declined to investigate and respond to Mrs X complaint. It has explained that ongoing court proceedings mean it should not respond to her concerns under the statutory complaint procedure for children’s social care complaints. Mrs X’s complaints largely centre on her and her family’s contact arrangements with her grandchild.
6. The Council has invited Mrs X to return with her complaint when court proceedings have ended. It has also explained its complaints procedure cannot change decisions made by the courts.
7. We will not investigate Mrs X’s complaint because the issues about her grandchild’s contact arrangements are the subject of ongoing court proceedings. The law prevents us from investigating anything that is or has happened in court. It would be for Mrs X or her son (her grandchild’s parent) to raise any concerns about any information or reports the Council has prepared for the court in that forum, including anything relating to existing contact arrangements. 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 Mrs X’s complaint because the law prevents us from investigating anything that is or has been the subject of court proceedings.

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Investigator's decision on behalf of the Ombudsman