The Ombudsman's final decision
Summary: We cannot investigate Mrs X’s complaint about her children being removed from her care and placed for adoption because it lies outside our jurisdiction. The law prevents us from considering complaints about matters that have been considered and decided in court proceedings. We have no discretion to do so.
The complaint
The complainant, Mrs X, complains she has been a victim of a miscarriage of justice in having her children wrongfully removed from her care and placed for adoption. Mrs X says the Council and the court have made serious errors based on disputed findings. She says the Council has been dishonest and misleading throughout the proceedings and has not fairly assessed her.
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 information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot investigate Mrs X’s complaint because it lies outside our jurisdiction. This is because it is about matters that have been considered and decided in court proceedings. The law prevents us from investigating complaints about matters that have been subject to court proceedings. We have no discretion to do so. Any dissatisfaction with the court’s decision would need to be returned to the court. It is not a matter we can consider or question.
Final decision
We cannot investigate Mrs X’s complaint because it lies outside our jurisdiction and the law prevents us from considering it.
Investigator's decision on behalf of the Ombudsman