The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about adopters letter box contact. It is unlikely we would find significant fault which has caused her a significant injustice.
The complaint
Mrs X says the Council has failed to ensure letter box contact with her child, D, who is adopted, happens on time.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended).
How I considered this complaint
I considered information provided by Mrs X which included the Council’s response to her.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X’s child D lives with their adoptive family. Mrs X says it was agreed the adopters would have six monthly letter box contact. This means Mrs X could write to D and the adopters would write to Mrs X about D’s life. Mrs X says this contact has been delayed each time and she has had to chase the Council. She says this is upsetting and causes her anxiety.
The Council says that no contact has been missed. It says that some have been a few weeks late and some have been at the end of the month rather than the beginning.
The Council cannot control the date the adopters send the letters. We are unlikely to find Council fault that has caused Mrs X a significant injustice which justifies investigating her complaint. If Mrs X believes the adopters have breached a court order it is reasonable to expect her to seek legal advice on the option of Court enforcement.
Final decision
We will not investigate Mrs X’s complaint because it is unlikely we would find significant fault which has caused Mrs X a significant injustice.
Investigator's decision on behalf of the Ombudsman