Summary: We will not investigate this complaint about recognition of parental responsibility after an adoption overseas. Mr X and his wife have a right to go to court to establish the status of an adopted child it would be reasonable to use.

The complaint

1. Mr X said the Council wrongly refused to recognise his wife’s adoption of their daughter overseas, instead regarding them as in a private fostering arrangement, despite the Home Office confirming their status.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

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

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My assessment

5. Mr X’s wife and daughter are both citizens of another country. The adoption took place in that country. The Council told Mr X it had taken legal advice on the matter. We are not able to rule on the status of their relationship under UK law.

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Final decision

6. We will not investigate Mr X’s complaint because he and his wife have a right to go to court it would be reasonable to use if the Council maintains its position.

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Investigator's decision on behalf of the Ombudsman