Summary: We cannot investigate this complaint about the Council’s failure to assess the complainant before placing his niece for adoption. This is because it concerns a matter which was decided in court. By law, we cannot consider such matters.

The complaint

1. The complainant, who I will refer to as Mr B, complains that the Council failed to assess him as a carer for his niece before placing her for adoption.

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The Ombudsman’s role and powers

2. 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

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

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My assessment

5. Mr B says his niece has been placed for adoption against the wishes of family members. He says he put himself forward to be considered as a carer and complains that the Council failed to assess him. He wants the Council to tell the Court that it provided false evidence and ensure the adoption is overturned.
6. We cannot investigate this complaint because it concerns a decision made in court. By law, this places the adoption and matters relating to it, such as the evidence the Council provided to the Court, outside our jurisdiction. There is no discretion available to us.

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Final decision

7. We cannot consider Mr B’s complaint because it concerns a matter which was decided in court.

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Investigator's decision on behalf of the Ombudsman