Summary: We will not investigate this complaint about the Council’s involvement with Miss X’s child being removed from her care. The key decisions are for the courts, not just the Council. We cannot investigate the commencement or conduct of court action, or the court’s decision-making.

The complaint

1. Miss X complains the Council wants her child to be adopted. Miss X wants the child returned to her care or alternative arrangements made for the child’s care, not involving adoption.

Back to top

The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes limits on what we can investigate.
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)
4. 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))

Back to top

How I considered this complaint

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

7. Miss X criticises how the Council reached its views that her child should not be in her care and that adoption would be better for the child than an alternative arrangement. It is ultimately for the courts, not the Council, to decide the care of Miss X’s child. Some of these matters have already been decided in court. Any ultimate decision about an adoption will also be made in court. If Miss X believes the Council’s arguments and evidence to the court were wrong, she can argue that in court.
8. The way the Council gathered or analysed information in creating its recommendations and reports to the court are not sufficiently separable from the substantive matters the court considered to enable us to investigate the Council’s involvement. Nor can we consider any evidence the Council gave the court.
9. Since Miss X’s complaint to us, Miss X has also complained to the Council about an alleged lack of support and communication from her social worker. The Council has begun investigating this in its complaint procedure. Miss X should complete the Council’s complaints procedure before we will consider this complaint.

Back to top

Final decision

10. We will not investigate Miss X’s complaint. The points in the complaint are essentially matters for the courts to decide.

Back to top

Investigator's decision on behalf of the Ombudsman