Summary: We will not investigate this complaint about the Council’s alleged failure to facilitate contact between Miss X and her adopted child. This is because we cannot provide a worthwhile outcome for Miss X.

The complaint

1. Miss X would like the Council to put her in touch with her adopted child. She said the lack of contact with her child has caused her emotional distress.

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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, or
• there is another body better placed to consider this complaint.

(Local Government Act 1974, section 24A(6))

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

5. I considered information provided by the Miss X and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X’s child was placed for adoption several years ago. Miss X contacted the Council in the present day and asked it to help her get in touch with her child. The Council told Miss X she would have to contact the adoption agency responsible for placing her child.
8. Miss X wants us to instruct the Council assist her in regaining contact with her child. When children are adopted the birth parents are often able to maintain some form of contact through working with the adoption agency responsible for placing the child. As the Council was not responsible for the adoption, it has directed Miss X to the agency who placed her child. This was a reasonable action for the Council to take and it is open to Miss X to pursue this matter with the agency or through the courts to discuss post adoption contact. An investigation into this matter would not achieve anything worthwhile for Miss X.

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Final decision

9. We will not investigate Miss X ’s complaint because we would be unlikely to provide an worthwhile outcome for her.

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Investigator's decision on behalf of the Ombudsman