The Ombudsman's final decision
Summary: We cannot investigate Ms X’s complaint about the removal of her child from her care or the decision to place her child for adoption. The decisions were made by a court, and the law says we cannot investigate.
The complaint
Ms X complained the Council: removed her child from her care; and placed her child for adoption.
Ms X said the matter caused her distress. Ms X wants the Council to return her child to her care.
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)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Ms X’s complaint. The issues she complained about were decided by a court. The law says the Ombudsman is not allowed to investigate decisions made by a court.
When the Council applies for an adoption order, it will be open to Ms X to oppose the making of the order via her solicitor. Again, this will form part of the court process, and the Ombudsman has no jurisdiction to investigate.
Final decision
We cannot investigate Ms X’s complaint because the matters she complained about were decided by a court.
Investigator's decision on behalf of the Ombudsman