Cornwall Council (25 006 350)
The Ombudsman's final decision:
Summary: We have ended our investigation into Miss X’s complaint about how Adopt South West (ASW) handled her application to access her adoption records. This is because ASW apologised to her and said it would make service improvements. Miss X has received her records and there is no further worthwhile outcome achievable by investigating further.
The complaint
- Miss X complained about how Adopt South West, acting on behalf of Cornwall Council, handled her request to access her adoption records, including delay and poor communication. Miss X said ASW’s response impacted her well-being.
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 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 continue an investigation if we decide:
- we could not add to any previous investigation by the organisation, or
- further investigation would not lead to a different outcome, or
- there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered evidence provided by Miss X and Adopt South West as well as relevant law, policy and guidance.
- Miss X, Adopt South West and the Council had opportunity to comment on my draft decision. I considered any comments before making a final decision.
What I found
- Adopt South West (ASW) is a partnership of councils including Cornwall Council, providing adoption services. Complaints about ASW are investigated by Devon County Council in line with its procedures.
- The following is a summary of key events relevant to this complaint.
- Miss X made an application to Cornwall Council to access her adoption records in April 2024. ASW took over her request in August 2024.
- Between August 2024 and May 2025 ASW carried out the steps required to locate and retrieve Miss X’s adoption record.
- In October 2024 Miss X contacted ASW to ask for a progress update. ASW provided an update by email.
- Miss X made a number of calls to ASW in December 2024 to ask for a progress update but received no response. She received an update by email in January 2025.
- Miss X heard nothing further from ASW until she contacted it in April 2025 to request an update.
- Miss X made a complaint to the Council in May 2025. In its response to her the Council apologised for its standard of communication. It said it would make improvements to its processes as a result of her complaint.
- The Council said ASW had received Miss X’s records but there was delay in sharing them due to its volume of work and availability of staff.
- Miss X received her records during summer 2025.
Analysis
- There are no statutory timescales as to how long it should take for someone to receive their adoption records.
- The Council has apologised for its communication and for the impact this had on Miss X.
- I have ended my investigation as there is not anything further to achieve. Miss X received her records, the Council has apologised and ASW said it will make changes to its processes.
Decision
- I have ended my investigation into Miss X’s complaint because there is no worthwhile outcome achievable.
Investigator's decision on behalf of the Ombudsman