Summary: We cannot investigate Ms X’s complaint about the removal of her child from her care or the decision to place her child for adoption. The decisions were made by a court, and the law says we cannot investigate.

The complaint

1. Ms X complained the Council:
1. removed her child from her care; and
2. placed her child for adoption.
2. Ms X said the matter caused her distress. Ms X wants the Council to return her child to her care.

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The Ombudsman’s role and powers

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)

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How I considered this complaint

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

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My assessment

7. We cannot investigate Ms X’s complaint. The issues she complained about were decided by a court. The law says the Ombudsman is not allowed to investigate decisions made by a court.
8. When the Council applies for an adoption order, it will be open to Ms X to oppose the making of the order via her solicitor. Again, this will form part of the court process, and the Ombudsman has no jurisdiction to investigate.

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Final decision

9. We cannot investigate Ms X’s complaint because the matters she complained about were decided by a court.

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Investigator's decision on behalf of the Ombudsman