Summary: We cannot investigate Miss X’s complaint about the social worker’s actions in proceedings which led to her child being placed for adoption, because it lies outside our jurisdiction. The law prevents us from investigating complaints about matters that are, or have been, subject to court proceedings. We have no discretion to do so.

The complaint

1. Miss X complains about the actions of the allocated social worker in proceedings which have led to her child being placed for adoption. Miss X says there were procedural errors, a breach of human rights and abuse of process by the social worker.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Miss X complained to the Council about the conduct of the allocated social worker during proceedings which led to her daughter being placed for adoption earlier this year after she was removed from Miss X’s care in 2022.
8. The Council told Miss X it could not consider her complaint via its complaints procedure because it was about matters that had been before the courts. It noted Miss X had already appealed the placement order twice and had her request for an injunction to stop the transition dismissed. It explained the complaints procedure is not a means to appeal the court’s decisions and signposted Miss X to this office.
9. We cannot investigate Miss X’s complaint. It lies outside our jurisdiction because it is about matters that are inextricably linked to the court proceedings and the matters considered and decided in court. The law says we cannot consider complaints about such matters. We have no discretion to do so.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman