Summary: We cannot investigate this complaint about an adoption assessment. This is because the issues raised will need to be discussed in the court which considers the adoption order. We cannot consider issues that are related to court proceedings.

The complaint

1. The complainant, who I refer to here as Ms L, says that the Council has not treated her fairly in making its assessment of her suitability to adopt a child.

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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.  

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How I considered this complaint

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

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My assessment

7. Ms L intended to adopt a child with her partner. However, since she and her partner split up, there has been a dispute over which one of them should be allowed to adopt the child. Ms L says that the Council’s assessment of her suitability has been unfair, bullying, and very damaging to her.
8. The Council has not considered Ms L’s complaint, as the matter is to be decided by a court. It is for the court to consider Ms L’s dissatisfaction with the quality of the assessment.
9. We cannot consider the complaint as we cannot consider any matter that is related to court proceedings.

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Final decision

10. We cannot investigate the complaint because the issues should be raised in court. The complaint is out of our jurisdiction.

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Investigator's decision on behalf of the Ombudsman