Summary: We will not investigate this complaint about the Council’s refusal to accept a complaint about a pre-adoption assessment because there is nothing significant to be gained by doing so.

The complaint

1. The complainant, who I will refer to as Mr B, complains that the Council declined to consider his complaint about the Council’s initial assessment of his viability as a potential adopter.

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The Ombudsman’s role and powers

2. 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 may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr B and his husband are the adoptive parents of a child. They put themselves forward as potential adopters for the child’s sibling. Mr B complained to the Council about the content of the Council’s initial viability assessment.
6. The Council declined to accept Mr B’s complaint on the grounds that it related to matters which were subject to court action. Mr B complains that this was incorrect, as he and his husband were not party to court action.
7. The Ombudsman will not investigate this complaint because there is nothing significant to be gained by doing so. While it is the case that Mr B and his husband were not party to court action, the child concerned was subject to care proceedings. The Council says that, as directed by the Court, the assessment of Mr B and his husband’s application is in progress. No qualifying decision has yet been made to support or reject the application.
8. If a negative decision is made, Mr B and his husband will have the right to challenge it. Investigation by the Ombudsman of the Council’s refusal to accept the complaint about the initial viability assessment would add nothing of value to the process. Our involvement is not therefore warranted.

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Final decision

9. We will not investigate Mr B’s complaint because there is nothing significant to be achieved by doing so.

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Investigator's decision on behalf of the Ombudsman