Leicester City Council (20 009 867)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 19 Feb 2021
The Ombudsman's final decision:
Summary: We cannot investigate Miss X’s complaint about her daughter’s adoptive parents failing to adhere to court orders because it lies outside our jurisdiction. This is because this is a matter that has been considered in court proceedings and it is for the courts to decide if the orders have been breached.
The complaint
- The complainant, whom I shall call Miss X, complains her daughter’s adoptive parents have failed to comply with court orders to send her letters and photographs four times per year.
The Ombudsman’s role and powers
- 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)
How I considered this complaint
- I considered the information Miss X provided. I also considered the information the Council provided in response to our initial enquiries. I sent Miss X a draft of my decision and invited her comments.
What I found
- Miss X complains her daughter’s adoptive parents have failed to comply with court orders to send her letters and photographs four times per year. She has not received any letters or photographs since 2017.
- Miss X complained to the Council about this and asked it to take action to ensure the adoptive parents comply with the court orders.
- The Council told Miss X it could not consider her complaint because it is not responsible for ensuring the details of the court order are complied with. It advised Miss X to seek legal advice on the matter.
Final decision
- We cannot investigate this complaint because it lies outside our jurisdiction. The law prevents us from considering complaints about matters that have been subject to court proceedings. We have no discretion to do so. It is for the courts to consider if an order it has made has been breached and, if so, what action is required.
Investigator's decision on behalf of the Ombudsman