Summary: We will not investigate this complaint about an assessment carried out by the Council, and consequent restrictions on contact with children. The matters complained of relate to issues of contact a residence, which only a court could decide. It is or would therefore have been reasonable for Mr X or another member of the family to use their right to go to court to resolve contact and residence issues consequent from the assessment.

The complaint

1. Mr X said the Council carried out an assessment poorly, under the influence of a controlling ex-husband. that led to his grandchildren being removed from their mother and causing him and his wife to be initially unable to see their grandchildren.

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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. 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)
4. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
5. 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

6. I considered information provided by the complainant.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X’s complaint to the Council was answered in late 2023. It is unclear if there has been court action since then concerning the residence and/or contact arrangements for his grandchildren. However, that does not affect the position the Ombudsman must take.
9. While Mr X’s complaint concerns the Council’s assessment, that assessment concerned the care and welfare of his grandchildren. The issue underlying the complaint is the opinions reached by the Council about that matter, and their effect on the children’s residency and contact arrangements. In the event of any dispute, only a court can decide what those arrangements should be. And assessments carried out by the Council, whether fit for purpose or not, are matters that would reasonably be referenced in court. I also note that the injustice to which Mr X has referred was initial loss of contact with his grandchildren. We have no legal power to say what contact arrangements there should have been or should be now.

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Final decision

10. We will not investigate Mr X’s complaint because the matters he complains of are closely linked to the contact and residence arrangements for children. Only a court can say what those should be or could say what they should have been, and we cannot do so. Therefore, it would be reasonable for Mr X or a family member to take the matter to court if he is now seeking different arrangements. And it would have been reasonable to do so if the matter was previously in dispute and could not be resolved between the children’s parents.

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Investigator's decision on behalf of the Ombudsman