The Ombudsman's final decision
Summary: We cannot investigate this complaint about the Council’s actions in seeking to have Mr and Mrs X’s child adopted. The matters complained of are closely related to matters subject to court action concerning the intended adoption. A legal bar prevents us investigating them.
The complaint
Mr and Mrs X said the Council failed to answer their questions or tell them why they had lost care of their child. They said the Council has lied to a judge under oath in attempting to force an adoption. They said the Council should stop the forced adoption, consider fresh information, and give them an opportunity to prove they could care for their child.
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 if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended) 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) 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))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
Final decision
We cannot investigate Mr and Mrs X’s complaint because the matters they complain of are not separable from matters subject to court action.
Investigator's decision on behalf of the Ombudsman