Summary: We cannot investigate this complaint about the decision to place the complainant’s daughter for adoption. This is because we cannot investigate matters relating to a decision of the Court.

The complaint

1. The complainant, who I will refer to as Mr B, complains that the Council’s actions led to his granddaughter being placed for adoption.

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The Ombudsman’s role and powers

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)
3. The Courts have said that we cannot investigate a complaint about any action by a council, concerning a matter which is itself out of our jurisdiction. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))

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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 Court has made an order for Mr B’s granddaughter’s adoption. Mr B complains that the Council failed to support his daughter to keep the child, and provided false information to the Court. He wants the adoption to be reconsidered.
7. The Ombudsman cannot investigate this complaint. The matter has been decided in Court and this places it outside our jurisdiction. By law we cannot investigate what led the Court to make the adoption order, or anything related to it. There is no discretion available to us.

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Final decision

8. We cannot investigate Mr B’s complaint. This is because it relates to matters which have been decided in Court.

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Investigator's decision on behalf of the Ombudsman