Summary: We cannot investigate Miss X’s complaint. It lies outside our jurisdiction because it is about matters that have been subject to court proceedings. We have no discretion to consider it.

The complaint

1. The complainant, Miss X, complains her child was removed from her care and placed for adoption. Miss X says she is a victim of a miscarriage of justice.

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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. We cannot investigate Miss X’s complaint. This is because it is about matters that have been considered and decided in court proceedings. The law says we cannot consider complaints about matters that have been considered in court proceedings or about what happened in court. This restriction also means we cannot consider evidence provided to the court during proceedings. Any dissatisfaction with the court’s decision would need to be returned to the court. We cannot consider it.

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Final decision

7. We cannot investigate Miss X’s complaint because it lies outside our jurisdiction and we have no discretion to consider it.

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Investigator's decision on behalf of the Ombudsman