Summary: We cannot not investigate Mrs X’s complaint about child protection because she has taken court action regarding the care of her grandchildren.

The complaint

1. Mrs X complained the Council failed to act to safeguard her grandchildren in the care of their mother and the mother’s partner despite accepting there were concerns about their welfare.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We cannot investigate Mrs X’s complaint because she has recently taken court action concerning the care of her grandchildren.

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Investigator's decision on behalf of the Ombudsman