The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s involvement with her grandchildren. The law prevents us from investigating anything that has or is the subject of court proceedings. It is reasonable for Miss X to return to court if she believes court ordered contact arrangements are not being followed.
The complaint
Miss X complains about the Council’s lack of action following the placement of her grandchildren when another relative. Miss X says she has not had contact with her grandchildren since May 2025, despite this being court ordered. She believes her grandchildren are unhappy and unsafe in their current placement. She wants the Council to obtain the children’s views independently.
The Ombudsman’s role and powers
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 the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council has explained to Miss X it can encourage but not enforce the terms of a contact arrangements order issued by the court for her to have contact with her grandchildren.
Like the Council, we have no powers to enforce court orders. We will not investigate Miss X's complaint. This is because the issues she has about her lack of contact with her grandchildren are matters only the court can consider and resolve. The law prevents us from intervening in matters like this and we cannot act in place of the court. Only the court can decide what is in a child’s best interest and on any matters of dispute.
Final decision
We will not investigate Miss X’s complaint because it would be reasonable for her to pursue her concerns with the court.
Investigator's decision on behalf of the Ombudsman