The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s actions concerning Miss X’s family. The matters complained of are not separable from matters that were or could reasonably have been raised during court proceedings, and we cannot investigate them. Disagreements about the current arrangements for contact between Miss X and her grandchildren are ones that would be for a court to decide, and it would be reasonable to take the matter to court.
The complaint
Miss X said the Council had: Displayed criminal gross misconduct; Failed in its Equality Act duties; Used delaying tactic; Illegally tried to obtain medical records; Failed to accept complaints; Used mental health reasons as an excuse with no evidence; and Accepted false and malicious communications to use against her.
The Ombudsman’s role and powers
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) We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
It is clear from the correspondence I have seen between Miss X and the Council that the issue at the heart of the complaint is the contact and residency arrangements for her grandchildren. The matters complained of are not separable from those issues, which only a court can decide.
Final decision
We cannot investigate Miss X’s complaint because the matters complained of are not separable from matters that have been or could reasonably be raised in court.
Investigator's decision on behalf of the Ombudsman