Summary: The Ombudsman will not investigate X’s complaint about a delay in arranging contact with their child. It is unlikely we could achieve significantly more than the Council has already offered.

The complaint

1. The complainant, whom I shall call X, says the Council delayed in setting up letter box contact with their adopted child.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word 'fault' to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:
• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I considered the information X provided with their complaint and the Council’s replies which it provided. X had an opportunity to comment on a draft version of this decision.

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What I found

4. X is the biological parent of Y, born in 2014. The Court ordered Y’s adoption in 2017. X says the Court order said X should have once a year letter box contact with Y. In July 2019, X complained to the Council that it had not arranged any letter box contact.
5. The Council accepts it failed to set up the contact. In reply to X’s complaint it:
• Agreed to set up letter box contact immediately
• Apologised in writing
• Offered X £350 and £100 to Y.
6. X is not happy with this. They would like:
• A face to face apology. The Council has refused this.
• More compensation for the upset.
• Photographs of Y. The Council say Y’s adopted parents do not agree to this.

Analysis

7. It is unlikely we would achieve a significantly different outcome because:
• It is for the Council to decide how an apology is delivered.
• It is not within the Council’s power to force Y’s adopted parents to provide a photograph.
• X is understandably upset by X’s adoption. It is unlikely it will be practicably possible to separate the upset caused generally by the adoption from that caused by the delayed letter box contact.

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Final decision

8. The Ombudsman will not investigate this complaint. This is because it is unlikely that we could achieve a significantly different outcome.

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Investigator's decision on behalf of the Ombudsman