Summary: We will not investigate this complaint that the Council has failed to act in the interests of the complainant’s family. This is because we cannot achieve the outcome she is seeking.

The complaint

1. The complainant, who I will refer to as Mrs B, complains that the Council has failed to act in the interests of a child and family.

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The Ombudsman’s role and powers

2. 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 we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6))
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)

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How I considered this complaint

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

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My assessment

6. A child related to Mrs B has been placed for adoption. Mrs B complains that the Council has failed to promote contact between the child and her family, treated the family unfairly and has failed to communicate with family members. She further complains that the Council’s records contain inaccuracies.
7. In settlement of her complaint, Mrs B wants the child returned to the family’s care. She also wants the Council to address the issues with the information in its records and provide compensation to the family.
8. We will not investigate Mrs B’s complaint because we cannot achieve the outcome she wants. The child’s care has been considered in Court and the Court has made a placement order. By law, the Ombudsman cannot consider what happens in court. It is not for us to take a view on whether the child should be adopted or returned to the care of her family.
9. If Mrs B believes information held about her on the Council’s files is incorrect, she may pursue her right to rectification. Alternatively, she may ask the Council to place a statement of her dissenting views on the file. The Ombudsman’s involvement is not warranted in either case.

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Final decision

10. We will not investigate Mrs B’s complaint because we cannot achieve the outcome she is seeking.

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Investigator's decision on behalf of the Ombudsman