Summary: The Ombudsman will not investigate Miss A’s complaint that failings by a social worker led to her daughter being placed for adoption. This is because the complaint relates to matters which have been decided in court.

The complaint

1. The complainant, who I will refer to as Miss A, complains that failings by a social worker led to her daughter being placed for adoption.

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The Ombudsman’s role and powers

2. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
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 have considered what Miss A has said in support of her complaint.

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What I found

5. Miss A says she has lost care of her daughter, who has been placed for adoption. She argues that this is the result of failings by a social worker. Miss A believes her daughter should not be adopted.
6. The Ombudsman will not investigate Miss A’s complaint because it concerns matters which have been decided in court. The decisions to remove Miss A’s daughter from her care and to place her for adoption are decisions of the court, not the Council. The law says the Ombudsman cannot consider what happens in court.
7. If Miss A wants her daughter returned to her care, it would be reasonable for her to go back to court. Only the court can make these decisions. The Ombudsman cannot intervene.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because it concerns matters which have been decided in court.

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Investigator's decision on behalf of the Ombudsman