The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council failing to help with letterbox contact between Mr X’s adopted child and their sibling. This is because an investigation is unlikely to lead to a different outcome.
The complaint
Mr X complains about his adopted son not having any contact with his sister, who was adopted by a different family. Mr X says there was agreement for letterbox contact, but the family has stopped contact. He complains the Council will not help with the matter.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide investigation would not lead to a different outcome.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the Mr X.
I considered the Ombudsman’s Assessment Code and the Adoption Support Services Regulations 2005.
My assessment
Mr X has adopted his son. His son has two natural sisters, both adopted out to different families.
The families had agreed for letterbox contact between the siblings. Mr X says the family of one of the sisters has stopped contact and the Council will not help with re-establishing contact.
The Adoption Support Services Regulations 2005 imposes a duty on councils to make arrangements to provide adoption support services. One such adoption support service is assistance, including mediation services, in relation to arrangements for contact between an adoptive child and natural parent, natural sibling, former guardian or a related person of the adoptive child.
The Council said it will ask the allocated worker to continue discussions with the parents of the sister to encourage contact. The Council has also advised Mr X to continue letter box contact or to provide the Council with letters to pass on.
I am satisfied the Council is doing enough to meet their duty to provide adoption support services to Mr X. Therefore, I will not investigate this complaint as an investigation is unlikely to lead to a different outcome.
Final decision
We will not investigate Mr X’s complaint because an investigation is unlikely to lead to a different outcome.
Investigator's decision on behalf of the Ombudsman