Summary: We cannot investigate Miss X’s complaint about the decision to remove her child from her care and a placement order for adoption being made. The law prevents us from investigating complaints about matters that have been considered and decided in court proceedings. We have no discretion to do so.

The complaint

1. Miss X complains about her child being removed from her care and a placement order for adoption being made. Miss X says she was discriminated against due to her mental health; false accusations were made and help and information was withdrawn. She also complains she was not told she could contest the adoption.

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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. The Council told Miss X it could not consider her complaint as it was about matters considered in court proceedings and that she and her legal representative had the opportunity to challenge the adoption plan. It also explained that the key factor in the decision was not Miss X’s mental health but her ongoing relationship with her child’s father and the findings of significant domestic abuse.
7. We cannot investigate Miss X’s complaint because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that have been subject to court proceedings. We have no discretion to do so. This restriction means we cannot consider the Council's involvement in the proceedings and any evidence it provided to the court. The Council’s decision making on the case will have been considered by the court in reaching its decision and it forms part of the proceedings. We cannot consider or question it. The outcome Miss X seeks, for her child to be returned to her care, is not achievable via an investigation by this office.

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Final decision

8. We cannot investigate Miss X’s complaint because it lies outside our jurisdiction and the law says we cannot consider it.

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Investigator's decision on behalf of the Ombudsman