Summary: We cannot investigate the Council’s evidence to court regarding the care of Ms X’s grandchildren. We have already decided an earlier complaint about the welfare of the children in 2017.

The complaint

1. Ms X complains the Council gave false information to a court in 2018/19 when she applied to care for her grandchildren. Ms X says the Court refused her application.
2. Ms X complains the Council failed to properly investigate safeguarding concerns within the family and the problems from 2003. She says in 2011 a court granted the father care of the children. Ms X says for some years she and the mother of the children lost direct contact with them.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 have considered Ms X’s information and comments. I have discussed the complaint with her by telephone. I have considered our decision on Ms X’s previous complaint.

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My assessment

6. I will not investigate this complaint for the following reasons:
7. The Ombudsman cannot investigate what happens in a court which is outside our jurisdiction (see paragraph 4 above). This includes a social worker’s evidence to court, reports, and opinions. It was for the court to decide care arrangements for the children including contact.
8. We have already decided Ms X’s complaint about the earlier family history and she tells me she received our final decision dated 25 January 2017. There is no significant new evidence or anything to be achieved by investigating. We found no fault in the Council’s safeguarding actions regarding referrals after 2011. Ms X tells me she had a stroke in 2017 and was not able to pursue the matter. This does not affect the position because Ms X replied to the draft decision and we considered her comments. I also note she was well enough to apply to court in the intervening years.

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Final decision

9. The Ombudsman cannot investigate the Council’s evidence to court regarding the care of Ms X’s grandchildren. We have already decided an earlier complaint about the welfare of the children in 2017.

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Investigator's decision on behalf of the Ombudsman