Wigan Metropolitan Borough Council (23 008 438)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 07 Sep 2023
The Ombudsman's final decision:
Summary: We will not investigate matters raised in connection with the care and custody of the complainant’s grandchild. This is because the matter was decided in court.
The complaint
- Mrs X complains about various matters related to the care and custody of her grandchild who was removed from her care. She says the impact on her has been catastrophic as she looked after her grandchild for two years.
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)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The Family Court deals with decision-making around the care and custody of children. In this case it has decided where Mrs X’s grandchild should live.
- We cannot look at anything in connection with this matter including what happened before and during the court case. Mrs X can seek legal advice if she wishes to challenge the Court’s decision. We have no powers to intervene.
Final decision
- We will not investigate Mrs X’s complaint because it was considered and decided in court.
Investigator's decision on behalf of the Ombudsman