The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s involvement in Mrs and Mr X’s grandchildren’s case. The complaint is not separable from matters that have been considered in court.
The complaint
Mrs and Mr X complained the Council wrongly removed their grandchildren from their care in April 2023 with no legal or moral reasoning, based on an allegation it did not properly investigate. They said the Council’s representations to court contained lies and inaccuracies. They said the matter has caused them and the children significant distress, and they wanted the children returned to their care.
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs and Mr X’s complaint relates to matters that have been considered in court. We have no power to consider the content of the Council’s representations to court. The complainants were present at the final court hearing and had the opportunity to raise their concerns as part of that process.
Only the court, not the Council or the Ombudsman, can decide what is in the children’s best interests. We could not achieve the outcome Mrs and Mr X seek from complaining.
Final decision
We will not investigate Mrs and Mr X’s complaint because it is about matters that have been discussed in court.
Investigator's decision on behalf of the Ombudsman