Summary: We cannot investigate Mrs X’s complaint about the care arrangements for her grandchildren. This is because the matter is subject to court proceedings.

The complaint

1. Mrs X complains about the Council’s handling of care arrangements for her grandchildren. She says the Council has failed to consider her grandchildren’s views.
2. Mrs X says the matter has caused them distress and they have been denied overnight stays with their grandchildren.
3. Mrs X wants the Council to place the grandchildren in the care of their mother.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. 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

6. I considered information provided by Mrs X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The evidence I have seen shows the care arrangements are subject to Court proceedings. We therefore cannot investigate Mrs X’s complaint. It is open to Mrs X to raise any concerns about care arrangements before the Court.

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Final decision

9. We will not investigate Mrs X’s complaint because it is subject to Court proceedings.

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Investigator's decision on behalf of the Ombudsman