Summary: We cannot investigate this complaint about the adoption of Miss B’s son. This is because the law prevents us from considering decisions made in court, and actions relating to them.

The complaint

1. The complainant, who I will refer to as Miss B, complains that the Council caused her son to be unlawfully adopted.

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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. 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)
3. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Miss B’s son has been adopted. Miss B complains that the adoption was unlawful. She believes the Council should reconsider the matter.
7. The Ombudsman cannot investigate whether the adoption was lawful. That was a matter for the Court, and the law prevents the Ombudsman from considering it. As well as the decision itself, this restriction prevents the Ombudsman from considering the Council’s actions relating to the adoption. We cannot intervene.

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Final decision

8. We cannot investigate Miss B’s complaint because the law prevents us from considering decisions made in court, or actions relating to them.

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Investigator's decision on behalf of the Ombudsman