Summary: We will not investigate this complaint about the Council’s decision to put her daughter up for adoption. This is because we cannot investigate complaints about court action or what happened in court. The Council has accepted there were delays in arranging to provide Miss X with updates about her child following adoption. The Council has agreed to pay Miss X £300 to acknowledge the distress this caused her.

The complaint

1. Miss X complains the Council removed her child form her care. Miss X says her child was also harmed whilst in the Council’s care.
2. Miss X also complains the Council failed to arrange for letterbox contact with her daughter and for her to see photographs of her.
3. Miss X says the Council’s actions have caused her significant distress.

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The Ombudsman’s role and powers

4. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))
5. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
6. 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

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. We cannot investigate Miss X’s complaints about the Council’s actions in relation to her child being adopted. This is because the decision to place her child up for adoption was made by the courts. We cannot investigate complaints about the start of court action or what happened in court.
10. We are also unable to investigate Miss X’s complaints about any harm caused to her child whilst in the Council’s care. This is because Miss X no longer has parental responsibility for her child and so is not able to complain on her behalf.
11. The Council said it would arrange for letterbox contact to allow Miss X to receive updates about her child. The Council also said it would arrange for Miss X to see photographs of her daughter. There were delays in this being arranged which the Council accepted. Following our recommendations the Council has agreed to pay Miss X £300 to acknowledge the distress this caused her.
12. Miss X is unhappy the Council will only show her photographs on a computer and will not allow her to have a copy of photographs. This was at the request of the adoptive parents and the Council cannot go against their wishes. Therefore there is no fault in the Council not providing Miss X with copies of photographs.

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Agreed action

13. Following our recommendations the Council has agreed to pay Miss X £300 to acknowledge the distress caused to her as a result of delays in providing her with updates on her child following an adoption.
14. The Council should arrange to make a payment to Miss X within 4 weeks of this decision.

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Final decision

15. We will not investigate Miss X’s complaint because we cannot investigate complaints about court action or what happened in court.
16. The Council has agreed to pay Miss X a financial remedy to acknowledge the distress caused to her as a result of delays in arranging to provider her with updates about her child. This is a suitable remedy and there is nothing further we could achieve from investigating this complaint.

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Investigator's decision on behalf of the Ombudsman