Summary: The Ombudsman will not investigate Mrs X’s complaint about her grandchildren being in the Council’s care. The complaint is outside the Ombudsman’s jurisdiction because a court decided the case. The family have a legal remedy at court if they want to change the position.

The complaint

1. Mrs X complains that the Council wrongly took her four grandchildren into care and has refused to change its position despite the family providing medical information. Mrs X says the problems with the children arose from an underlying hereditary medical condition rather than inadequate parenting. She wants the Council to support the parents in applying to court to discharge the care orders. She says the Council should change the errors and inaccuracies in its records.
2. Mrs X complains the family has not seen the youngest two children for two years and seven months since they came into care. She says the removal of the children and the situation has had a terrible affect on the parents and the whole family.

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The Ombudsman’s role and powers

3. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), 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)
5. 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)
6. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

7. I have considered Mrs X’s information and comments. I have considered the Council’s reply to her complaint dated 15 October 2019. I have considered the Ombudsman’s previous decision on Mrs X’s complaint about her not having contact with two of her grandchildren (17015936, decision statement 23 August 2018).

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What I found

8. In 2017 Mrs X’s four grandchildren were taken into care and a court granted the Council care orders. The parents are deaf and the children had a variety of severe health and behavioural problems. Mrs X says she believes the underlying cause of the problems is Waardenburg Syndrome. This is a condition which causes some degree of hearing loss and affects the pigmentation/colouring of hair, skin, and eyes.
9. In August 2018 the Ombudsman decided there was no fault in how the Council had handled contact. Contact had not happened because Mrs X was not able to leave her home due to her health and the two children did not want to visit the area.
10. One of the grandchildren is now an adult, two others are teenagers and the youngest is nearly 8 years old.

Analysis

11. We do not have a consent for a complaint from the parents, but I explain the position below given Mrs X says she and all the family are affected. I will not investigate this complaint for the following reasons:
12. The Ombudsman cannot lawfully investigate the care proceedings, the evidence considered and the decision of the court to make care orders. The complaint is outside our jurisdiction (see paragraph 4 above).
13. The complaint that the care orders should be discharged and are not appropriate is outside the Ombudsman’s jurisdiction because there is a remedy at court (see paragraph 5). The existence of a medical condition would not of itself mean the children do not need to be in care or require the Council to change its position. It is reasonable for the parents to use their legal remedy because such arguments are a matter for a court which has the power to change the care and legal position of the children.
14. In August 2018, the Ombudsman decided there was no fault in how the Council had handled Mrs X’s contact. Mrs X would not or could not leave her home for contact and the two youngest children did not want to visit her address or the area. Mrs X has not provided new evidence. There is insufficient information suggesting fault or a need to investigate what has happened in the last 12 months. Mrs X’s three oldest grandchildren are old enough to decide what contact they want.
15. If Mrs X or the parents believe the Council holds inaccurate data on them they can seek advice from the Information Commissioner who has responsibility in this area (see paragraph 6). There is no reason for the Ombudsman to investigate. There is no evidence of injustice and it appears the basic disagreement is about whether the children need to continue living in care.

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Final decision

16. The Ombudsman will not investigate Mrs X’s complaint about her grandchildren being in the Council’s care. The complaint is outside the Ombudsman’s jurisdiction because a court decided the case. The family have a legal remedy at court if they want to change the position.

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Investigator's decision on behalf of the Ombudsman