Summary: We will not investigate this complaint about the Council’s actions while Mr X lived with adoptive parents and when he left their home. Investigation of these matters, which are also late, is unlikely to lead to a worthwhile outcome, and we could not start the judicial review Mr X says he wants.

The complaint

1. Mr X said he was disgusted with the way the Council treated him. He said it had taken three or four years to get access to his adoption records, and these were inaccurate. He said his adoptive parents were abusive and made him homeless at age 17. He said he was unaware he could get help from social services and slept in his car for months. He said he had been ignored by many people, passed around and let down. He said he wanted a judicial review.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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 cannot achieve the outcome someone wants, or
• 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

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. The matters complained of are at least several years in the past, relating to Mr X’s childhood and early adulthood. While we would not expect a care leaver to complain to us as a child, or immediately on becoming an adult, the further back in time, the more difficult it is to conduct a robust investigation. The matters Mr X refers to relate largely to the actions of his former adoptive parents rather than the Council. And the way in which he was placed for adoption, while a Council action, was historic. I am not satisfied that an investigation by us would lead to any robust finding regarding actions by the adoptive parents which might have led to fault by the Council.
8. It is also the case that we could not reach any view about what harm may have been caused to Mr X’s mental health by actions or omissions of the Council. That would be a matter for medical professionals and a court to decide. We also cannot assist Mr X to seek leave to apply for judicial review of the Council's actions. That would be a matter for him alone to decide.

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Final decision

9. We will not investigate Mr X’s complaint because it is late and investigating the matters complained of now would be unlikely to lead to the outcome Mr X is seeking, or to another worthwhile outcome.

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Investigator's decision on behalf of the Ombudsman