Summary: We will not investigate Mr X’s complaint about the Council’s handling of safeguarding concerns about his grandchildren. There is not enough evidence of fault to justify us investigating. The law also prevents us from investigating anything that has or is being considered in court.

The complaint

1. Mr X is complaining on behalf of his daughter, Ms Y. Mr X complains the Council has ignored his and Ms Y’s concerns about his grandchildren who the Council has placed in foster care. Mr X believes the Council has not taken safeguarding concerns seriously and has given inaccurate information to the court. He wants us to help him get answers from the Council.

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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))
3. 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)
4. 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)

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How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The Council has responded to Mr X’s complaints and explained the action it has taken in relation to the two safeguarding incidents involving his grandchildren. The Council has also explained to Mr X that it cannot consider his concerns under its complaints procedure because the same issues have already been considered by the court.
8. Like the Council, the law prevents us from investigating anything that has been considered by the court. This includes any information the Council has provided to the court. We have no powers to intervene or make decision in place of the court. Because of this we will not investigate Mr X’s complaints.

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Final decision

9. We will not investigate Mr X’s complaint because the law prevents us from investigating anything that has been considered by the court.

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Investigator's decision on behalf of the Ombudsman