Summary: We will not investigate Mr X’s complaint the Council cancelled an adoption panel meeting with short notice and its communication around this. This is because we have upheld the complaint as the Council has agreed to provide a proportionate remedy for any injustice caused.

The complaint

1. Mr X complains about the Council’s decision to cancel an adoption panel meeting and its communication about this. He also complains about the short notice given about the cancellation.
2. He says this compelled him and his wife to withdraw from the process as they believed the Council was biased against her. Mr X is seeking service improvements to prevent a repeat of what has happened and an apology.

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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 there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

5. Mr X and his wife were assessed by the Council as potential adopters. Part of the process involves a panel meeting.
6. Shortly before the panel meeting was due to take place, the Council cancelled it as it said there were gaps in information, so it was not ready to proceed.
7. Mr X complained to the Council, and the Council accepted that it had not followed its usual procedure. It said there is usually a mid-point review of the social worker’s Prospective Adopters Report. This review did not take place in Mr X’s matter due to staff illness.
8. If the review had taken place, this would have allowed the Council to identify the gaps in information sooner which may have meant Mr X could provide the information in time for the panel meeting to go ahead as planned.
9. If we were to investigate this complaint, it is likely we would find fault causing injustice to Mr X and his wife for failing to follow its own procedure.
10. We therefore asked the Council to consider remedying the injustice caused by its actions by apologising to Mr and Mrs X and confirming it will implement procedures to ensure the mid-point reviews are not missed due to staff absence going forward.
11. To its credit, the Council agreed to resolve the complaint and will issue an apology to Mr and Mrs X as well as conformation of its updated process within a month of this decision.

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Final decision

12. We will not investigate Mr X’s complaint because we have upheld the complaint on the basis the Council has agreed to provide a proportionate remedy for any injustice it has caused.

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Investigator's decision on behalf of the Ombudsman