Devon County Council (24 018 719)
Category : Children's care services > Adoption
Decision : Closed after initial enquiries
Decision date : 14 Mar 2025
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about problems in receiving contact letters on time via the letterbox service following her child’s adoption. This is because there is insufficient evidence of fault by the Council to warrant an investigation.
The complaint
- The complainant, Miss X, complains about problems receiving contact letters following her child’s adoption. Miss X says there is often a delay in the adoptive parents sending their contact letters and she feels she is always chasing the contact.
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)
- We do not start or continue an investigation if we decide:
- there is not enough evidence of fault to justify investigating, or
- we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X complained to the Council about the matter set out in paragraph 1, above.
- In response, the Council acknowledged there had been a recurring pattern of the adoptive parents sending letters later than the expected timeframe. It explained it consistently sends reminder letters prior to the date of expected letterbox contact and it then sends monthly reminders until the letter is received. It has also provided phone calls and practical support to the adopters in completing the contact. The Council explained it is carrying out a wider review of the adoption support service and it is also taking steps to improve the letterbox service in the meantime.
- We will not investigate Ms X’s complaint. This is because there is insufficient evidence of fault by the Council here to require an investigation. The Council has shown it takes suitable action to prompt and assist the adoptive parents in sending the letterbox contact when it is expected. I can see from the correspondence that Miss X is aware the agreement to continue to exchange letters is voluntary and the Council has no power to enforce the exchange of letterbox contact. A further investigation by this office could not add to the explanation and response the Council has already provided via its own investigation of the matter.
Final decision
- We will not investigate Miss X’s complaint because there is insufficient evidence of fault by the Council to warrant an investigation.
Investigator's decision on behalf of the Ombudsman