Summary: We cannot investigate Mrs X’s complaint, that the Council lied in court proceedings leading to her grandchildren being placed for adoption, because it lies outside our jurisdiction. The law prevents us from considering complaints about matters that have been considered and decided in court. We have no discretion to do so.

The complaint

1. The complainant, whom I shall call Mrs X, complains the Council lied and covered things up in court proceedings which led to her grandchildren being placed for adoption. Mrs X says the judge did not consider their evidence and did not believe them.

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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)

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How I considered this complaint

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

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My assessment

6. Mrs X complains the Council lied to the court in family court proceedings and this led to her grandchildren being placed for adoption. Mrs X would like her grandchildren to be returned and the adoption to be reversed.
7. The Council told Mrs X it would not consider her complaint because it is about a matter that has been decided in court and it cannot change the court’s decision.
8. The law prevents the Ombudsman from considering complaints about matters such as this which have been considered in court. An appeal against the court’s decision can only be made in the courts.

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Final decision

9. We cannot investigate Mrs X’s complaint because it lies outside our jurisdiction. The law prevents us from investigating matters that have been considered and decided in court. We have no discretion to do so.

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Investigator's decision on behalf of the Ombudsman