The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s alleged removal of two children known to Mrs X from their family home. This is because this is a matter for the courts.
The complaint
Mrs X complained the Council assisted the biological father of two children who were previously known to Mrs X in a grandparent capacity, from their family home.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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 considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X complained to the Council that two children that were previously known to her in a grandparent capacity were removed from their home and placed in the care of their biological father.
The Council confirmed that it would not investigate the matter as Mrs X does not hold parental responsibility for the children in question.
Mrs X has brought the complaint to the Ombudsman as she remains unhappy with the situation. The Ombudsman is unable to make decisions regarding custody arrangements. This is a matter best dealt with by the courts. It is therefore open to Mrs X to seek legal advice.
Final decision
We will not investigate Mrs X’s complaint because this is a matter for the courts.
Investigator's decision on behalf of the Ombudsman