Summary: We cannot investigate Ms X’s complaint that the Council has placed her child for adoption. A court has decided the case.

The complaint

1. Ms X complains the Council took her new born baby into care and placed her for adoption. Ms X says the Council failed to prove significant harm to her child. She says it gave a court inaccurate information including about her older child who is in care abroad. Ms X wants the Council to return her child to her. Ms X says the legal proceedings stopped her going abroad to see her older child and she has missed being involved in his life.

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The Ombudsman’s role and powers

2. We can decide whether to start or discontinue an investigation into a complaint within our jurisdiction. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
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 have considered Ms X’s information and comments. The information includes the Court of Appeal’s order on the case in the summer of 2020.

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What I found

5. Ms X appealed the plan to place her child for adoption. The Court of Appeal rejected the appeal and confirmed the care and placement orders. The Court stated that adoption is in the best interests of Ms X’s child.

Analysis

6. I cannot investigate this complaint because it is outside the Ombudsman’s jurisdiction (see paragraph 3 above). The courts have decided the case. We cannot investigate the Council’s evidence to court or change the plan for adoption.
7. The Council is not responsible for whether Ms X is involved in the life of her older child. He is in the care of a public authority in another country.

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Final decision

8. The Ombudsman cannot investigate Ms X’s complaint that the Council has placed her child for adoption. A court has decided the case.

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Investigator's decision on behalf of the Ombudsman