The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s actions in removing the complainant’s daughter from her care and in recommending her adoption. This is because these matters have been decided in Court.
The complaint
The complainant, who I will refer to as Miss B, complains that the Council was at fault in removing her child and in recommending she be adopted.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
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) The courts have said we can decide not to investigate a complaint about any action by a council concerning a matter which is outside our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss B’s child has been taken from her care and placed for adoption. Miss B argues that the Council has been at fault throughout the process and has treated her as a perpetrator of domestic violence, rather than a victim. She says it has failed to recognise the positive work she has done and instead recommended her daughter be adopted.
The Ombudsman cannot investigate this complaint. The decisions to remove Miss B’s daughter and to place her for adoption were made by the Court and the Council’s recommendations were tested by the Court. By law, this places them outside our jurisdiction. This restriction also applies to the evidence the Council presented to the Court. We cannot intervene.
Final decision
We cannot investigate Miss B’s complaint because it concerns matters which have been decided in Court.
Investigator's decision on behalf of the Ombudsman