Summary: We will not investigate this complaint about the Council’s children’s services involvement in her family, which led to her daughter being adopted in 2016. This is because this decision was made during court proceedings.

The complaint

1. The complainant, who I will call Miss C, complains about the Council’s children’s services involvement with her family, which led to her daughter being adopted in 2016. Miss C says the adoption was unlawful and her daughter should be returned to her care.

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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 about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
4. We do not start or may decide not to continue with an investigation if we decide we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6)) .

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How I considered this complaint

5. I considered information provided by Miss C and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. I cannot investigate Miss C’s complaint. This is because the decision made in 2016, to remove Miss C’s daughter from her care and place her with adoptive parents was one that was considered in court.
8. I cannot achieve what Miss C wants, which is for her daughter to be returned to Miss C’s care, because this is something that can only be decided by the courts.

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Final decision

9. I will not investigate Miss C’s complaint because the matter has been subject to court proceedings.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman