Summary: We cannot investigate Miss B’s complaint that the Council has refused to carry out a review of the removal of her son from her care and his subsequent adoption. This is because the matters were decided in court.

The complaint

1. The complainant, who I will refer to as Miss B, complains that the Council has refused to carry out a review of the removal of her son from her care and his subsequent adoption.

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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. 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

3. I have considered what Miss B has said in support of her complaint and relevant correspondence provided by the Council. I have offered Miss B the opportunity to comment on a draft of this decision.

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What I found

4. Miss B says the Council took her son into care and subsequently placed him for adoption. She says she did not consent to this and the Council was at fault in doing so. She wants the case to be reviewed and her son returned to her care. The Council has declined to accept her complaint.
5. The Ombudsman cannot investigate Miss B’s complaint because it concerns matters which have been decided in court. The decisions to take a child into care and to place them for adoption are made by the court, and the law prevents the Ombudsman from considering such matters. The Council’s actions have been tested in court. We cannot intervene.

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Final decision

6. The Ombudsman cannot investigate this complaint. This is because it concerns matters which were decided in court.

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Investigator's decision on behalf of the Ombudsman