West Northamptonshire Council (21 016 304)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 25 Feb 2022
The Ombudsman's final decision:
Summary: We cannot investigate Mrs X’s complaint that the Council intends placing her grandchildren with adopters rather than reassessing her as a potential carer. We cannot investigate what happens in court including a decision to place for adoption.
The complaint
- Mrs X complains the Council is planning to place her grandchildren for adoption. Mrs X wants the Council to reassess her suitability to care for the children. She says there is no need for them to be placed for adoption when there are grandparents willing to care for them. Mrs X says she asked for contact with the children at the time of the court case but did not get any.
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 have considered Mrs X’s information and comments. The information includes the Council’s reply to the complaint dated 14 January 2022.
My assessment
- I cannot investigate this complaint for the following reasons:
- The Ombudsman cannot investigate what happened in court (see paragraphs 2 and 3 above). This includes a court’s decision. The Council says care proceedings on Mrs X’s grandchildren concluded in the summer of 2021. The court decided they should go for adoption and granted the Council care and placement orders. The Council says its assessment report on Mrs X was referred to in evidence to the Court. It advised Mrs X her son could raise her contact in court.
- We cannot achieve what Mrs X wants. The decisions made on the children can only be challenged at court.
Final decision
- The Ombudsman cannot investigate Mrs X’s complaint that the Council intends placing her grandchildren with adopters rather than reassessing her as a potential carer. We cannot investigate what happens in court including a decision to place for adoption.
Investigator's decision on behalf of the Ombudsman