Summary: We cannot investigate Mrs X’s complaints about the decision to remove her child from her care and place them for adoption more than 10 years ago, or the evidence produced by the social worker at the time. The issues complained about occurred during court proceedings, and the law says we cannot investigate.

The complaint

1. Mrs X complained the Council:
1. removed her child from her care and placed them for adoption more than 10 years ago; and
2. produced inaccurate reports for court more than 10 years ago.
2. Mrs X said the matter caused her distress.

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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 Mrs X’s complaints. The decision to remove her child and place them for adoption was made by the court. The reports made by the social worker and any evidence given by them will also have formed part of the court proceedings and the decision-making process.
8. The law says the Ombudsman has no power to investigate matters considered by and decided upon by a court. Consequently, we cannot investigate this complaint.

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Final decision

9. We will not investigate Mrs X’s complaint because the issues relate to decisions made during court proceedings.

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Investigator's decision on behalf of the Ombudsman