Summary: We will not investigate Mr X’s complaint about the adoption of his child. The law stops us from investigating anything that has or is being looked at by the courts. Mr X will need to ask the court if he wants to stop his child’s adoption.

The complaint

1. Mr X complains the Council should not have taken his child out of his and his partner’s care. He wants the Council to stop his child from being adopted. He and his partner want the Council to return their child to their care. He also wants his child’s Social Worker removed from the case because they do not keep him and his partner updated.

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The Ombudsman’s role and powers

2. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
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)

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How I considered this complaint

4. I considered information from Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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Final decision

6. We will not investigate Mr X’s complaint because we cannot make decisions about whether his child should be adopted, only the courts can do this. We cannot make the Council remove the Social Worker from his child’s case. Mr X will need to tell the court why he thinks his child should stay in his and his partner’s care.

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Investigator's decision on behalf of the Ombudsman