The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about adopter application issues. It is unlikely we would achieve a significantly different outcome than the Council’s complaint procedure produced.
The complaint
The complainant, whom I shall call Miss X, complains about delays in the Council’s adopter’s approval process and lack of support.
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: any fault has not caused injustice to the person who complained, or any injustice is not significant enough to justify our involvement, or we could not add to any previous investigation by the organisation, or further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended) 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)
How I considered this complaint
I considered information provided by Miss X and the Council.
I considered the Ombudsman’s Assessment Code.
I considered Miss X’s comments on a draft version of this decision.
My assessment
Background events The Council approved Miss X as a potential adopter. It held a meeting with her in May 2019 at which it discussed the future. The Council accepts it then failed to hold an annual review in July 2019 or July 2020. It next contacted her in January 2021. Following a meeting, the Council referred her registration back to the Adoption Panel for reconsideration. This was in line with its procedures. The Panel decided to de register Miss X.
Miss X says the Council’s failure to hold annual review meant she was left waiting for two years expecting to still be able to adopt. She says she had two years of contactless uncertainty. She says the delay led to a long drawn out glimmer of false hope. She believes she could have spent the two years refocussing and rebuilding her life. She says she felt unsupported at the adoption panel.
Analysis The Council accepts it delayed and failed to hold the annual reviews. The Council has taken action to mitigate for a repeat of the same scenario in the future.
The Council has also apologised.
It is unlikely our investigation would achieve more. It will not be possible to separate out the distress caused by the delay from that which would have been caused in any event from the ending of her adoption application.
Final decision
We will not investigate this complaint. This is because it is unlikely we would achieve a significantly different outcome than the Council’s complaint procedure has achieved.
Investigator's decision on behalf of the Ombudsman