Summary: We cannot investigate this complaint about the Council’s actions leading to a decision to place Miss X’s child for adoption. This matter is not separable from the question of where and with whom the child should live, which only a court can decide.

The complaint

1. Miss X said the Council conducted her case very unfairly. She said her child was placed and about to be 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.
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. We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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Final decision

7. We cannot investigate Miss X’s complaint because the matter she complains of is inextricably linked with a court process. At the first approach by either party to a court, we are legally debarred from considering matters that are or could reasonably be raised in court, both during the proceedings and afterwards.

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Investigator's decision on behalf of the Ombudsman