Summary: We cannot investigate Mr X’s complaint about the Council’s actions which have been considered in care proceedings for his child. The law prevents us from investigating complaints about matters that have been considered in court proceedings. We have no discretion to do so.

The complaint

1. Mr X complains about the Council’s actions in care proceedings which resulted in the court issuing a placement order for adoption for his child. Mr X raised numerous concerns including that the Council did not act in his child’s best interests; completed rushed and flawed assessments and was set on a predetermined outcome without considering positive changes he made. He says it provided the court with incomplete, biased and unfair evidence which included translation errors and mis-recorded information and it did not fully explore other family options before pursuing adoption for his child.

Back to top

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)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. The Council told Mr X it would not consider his complaint via its complaints procedure. This is because the issues raised in the complaint fell within the family court proceedings. The Council’s assessments and decision making process were considered by the court within the proceedings. It also explained it could not consider the outcome of the proceedings or the court’s decisions via its complaints procedure. It explained the route to challenge the placement orders is to appeal the court’s decision.
7. We cannot investigate Mr X’s complaint because it lies outside our jurisdiction. The law does not allow us to investigate complaints about matters that have been subject to court proceedings. This restriction applies to the Council’s involvement in the proceedings and any reports and evidence it provided to the court or which were considered by the court in the proceedings. The Council’s decision making and actions on this case will have been considered by the court in making its decision and it forms part of the proceedings. We cannot consider them.

Back to top

Final decision

8. We cannot investigate Mr X’s complaint because it is made about matters that have been subject to court proceedings and the law says we cannot investigate complaints about such matters. We have no discretion to do so.

Back to top

Investigator's decision on behalf of the Ombudsman