London Borough of Barnet (19 014 162)

Category : Children's care services > Child protection

Decision : Closed after initial enquiries

Decision date : 03 Feb 2020

The Ombudsman's final decision:

Summary: The Ombudsman cannot investigate Miss A’s complaint about a social worker she feels is responsible for her son being placed for adoption because it lies outside his jurisdiction. The law prevents the Ombudsman from considering matters that have been considered and decided in court proceedings.

The complaint

  1. The complainant, whom I shall call Miss A, complains about a social worker and the reasons why her son was removed from her care and placed for adoption.

Back to top

The Ombudsman’s role and powers

  1. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
  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)

Back to top

How I considered this complaint

  1. I considered the information Miss A provided. I also considered the complaint correspondence which we requested from the Council. I sent Miss A a draft of my decision and invited her comments on it.

Back to top

What I found

  1. Miss A complained to the Council about a social worker who she felt was responsible for her son being removed from her care and placed for adoption. Miss A complained she had been unfairly treated.
  2. The Council responded to Miss A’s concerns at stage one of its complaints procedure but explained it could not consider it further because it was made in relation to matters that had been considered in court proceedings. It was the court’s decision to make the ruling and placement order. This decision cannot be considered or challenged via the Council’s complaints procedure and it would have no authority to challenge or change the court’s decision. The Council suggested Miss A seeks legal advice about whether she has grounds to challenge the court’s decision.

Back to top

Final decision

  1. We cannot investigate this complaint because it lies outside our jurisdiction. This is because the decision to place Miss A’s child for adoption was made by the court. The law prevents the Ombudsman from considering any matters that have been considered and decided in court. We have no discretion to do so.

Back to top

Investigator's decision on behalf of the Ombudsman

Print this page

LGO logogram

Review your privacy settings

Required cookies

These cookies enable the website to function properly. You can only disable these by changing your browser preferences, but this will affect how the website performs.

View required cookies

Analytical cookies

Google Analytics cookies help us improve the performance of the website by understanding how visitors use the site.
We recommend you set these 'ON'.

View analytical cookies

In using Google Analytics, we do not collect or store personal information that could identify you (for example your name or address). We do not allow Google to use or share our analytics data. Google has developed a tool to help you opt out of Google Analytics cookies.

Privacy settings