Summary: Mr B complains the Council failed to apply to renew an injunction to prevent the birth family of his wife’s adopted daughter contacting her. He says that as a result the birth family were in touch with her and had a detrimental impact on her well-being, behaviour and education. He said the contact from the birth family also caused significant distress to the rest of the family. There was fault by the Council that caused injustice to Mr B. The Council will make a payment to Mr B.

The complaint

1. I will call the complainant Mr B and the young person involved, Ms X. Mr B complains the Council failed to apply to renew an injunction to prevent the birth family of his wife’s adopted daughter contacting her. He says that as a result the birth family were in touch with her and had a detrimental impact on her well-being, behaviour and education. He said the contact from the birth family also caused significant distress to the rest of the family.

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What I have investigated

2. Mr B is making the complaint in his own right and not on behalf of Ms X so I am considering only the impact on him of any possible failings.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I considered the complaint and documents provided by Mr B and spoke to him. I asked the Council to comment on the complaint and provide information. I sent a draft of this statement to Mr B and the Council and considered their comments.
6. Under the information sharing agreement between the Local Government and Social Care Ombudsman and the Office for Standards in Education, Children’s Services and Skills (Ofsted), we will share this decision with Ofsted.

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What I found

Summary of the key events

7. Mr B’s wife, Mrs B, and her then husband fostered Ms X when she was very young and then adopted her. Mrs B split up from her husband and later married Mr B. In 2015 the courts made an injunction to prevent any contact between the birth parents and Ms X. The was because there had been repeated contact by the birth parents with Ms X.
8. The injunction was due to expire in 2018. It was the Council’s intention to make an application to the courts for a further injunction. For over six months the Council intended to make the application but when it was considered by a senior officer in legal services they decided it was not for the Council to make the application – it would have to be made by Mr and Mrs B. The Council told Mr and Mrs B that it would not proceed with the injunction application.

Analysis

9. The Council’s position now is that it does not have powers to apply for an injunction as it would effectively be providing legal advice and representation to, and on behalf of, a private child. This is because Ms X was adopted. The Council has not commented on why it had applied for the injunction before; I would have to assume the Council would now consider that was on a flawed basis. But I do not consider I have grounds to question the decision the Council has made now as the view reached is based on clear reasoning.
10. However the Council should have come to this view much sooner. It was understandable the front-line officers thought the Council would be able to make a further application as it had done so before. But the Council should have identified swiftly that this was not the right course of action. The Council has recognised it was at fault and apologised to Mr and Mrs B.
11. Where there has been fault I have to consider what injustice that has caused to the complainant and what remedy the Council should provide. Here Mr B considers the Council’s failings have had a significant impact on the family and on Ms X. However, I am not considering the complaint as one made on behalf of Ms X.
12. I recognise that because of the circumstances at the time of these events Mr B was very anxious to see the injunction in place. He had assurances from the Council that it would be pursued. Ms X’s behaviour was worsening over this period and Mr B considered the injunction would provide additional protection for her and the rest of the family. I consider the Council’s failings significantly increased the stress Mr B and the family were under at the time. I consider the Council should make a payment in recognition of that.

Agreed action

13. Within one month of the final decision the Council will pay Mr B £500.

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Final decision

14. There was fault that caused injustice to Mr B.

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Investigator's decision on behalf of the Ombudsman