Essex County Council (20 005 287)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 27 Oct 2020
The Ombudsman's final decision:
Summary: The Ombudsman cannot investigate Mrs B’s complaint that the Council is at fault in refusing to place her grandchildren with her. This is because the care of the children has been considered and decided in court.
The complaint
- The complainant, who I will refer to as Mrs B, complains that the Council is at fault in refusing to place her grandchildren with her.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- 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)
- 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)
How I considered this complaint
- I have considered what Mrs B has said in support of her complaint and in response to my draft decision.
What I found
- Mrs B’s two grandchildren are in the Council’s care. She says the Council has assessed her as a potential carer for the children. She complains that it assessed her as unsuitable on the basis of false allegations made by the children’s mother. She says she intends to apply for a Special Guardianship Order.
- The Ombudsman cannot investigate Mrs B’s complaint because it concerns matters which have been considered and decided in court. Mrs B says the court has granted the Council a care order, and that its assessment of her suitability as a carer was presented to the court. It is for the court to decide who has care of the children and the Ombudsman cannot consider the matter.
- It is open to Mrs B to present her case for care of the children when the court hears her application for a Special Guardianship Order. The Ombudsman cannot intervene.
Final decision
- The Ombudsman cannot investigate this complaint. This is because it concerns matters which have been considered and decided in court.
Investigator's decision on behalf of the Ombudsman