London Borough of Lambeth (22 003 666)
Category : Children's care services > Adoption
Decision : Closed after initial enquiries
Decision date : 23 Jun 2022
The Ombudsman's final decision:
Summary: We cannot investigate Ms X’s complaint the Council is placing her children for adoption. We cannot lawfully investigate court decisions. A court has considered the case and the Council’s plan for the children.
The complaint
- Ms X complains the Council plans to place her children for adoption. The children have lived in foster care. Ms X says the Council failed to give her support in earlier years. She is missing her children.
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 have considered Ms X’s information and comments.
My assessment
- I will not investigate this complaint for the following reasons:
- The Ombudsman cannot lawfully investigate what happens in court including decisions of a court (see paragraph 2 and 3 above). Ms X says the Council took care proceedings in 2020 and now the plan is for adoption. A court has approved the Council’s plan for the children. The care proceedings will have considered the history of the case including Ms X’s parenting and support provided. We cannot investigate or achieve what Ms X wants.
Final decision
- The Ombudsman cannot investigate Ms X’s complaint that the Council is placing her children for adoption. We cannot lawfully investigate court decisions. A court has considered the case and the Council’s plan for the children.
Investigator's decision on behalf of the Ombudsman