Liverpool City Council (24 006 091)
Category : Children's care services > Adoption
Decision : Closed after initial enquiries
Decision date : 10 Sep 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s handling of adoption records. There is no worthwhile outcome achievable by our investigation.
The complaint
- Mrs X complained the Council wrongly told her it had destroyed her adoption records, after she approached it in the1990’s. She said she subsequently learnt the records were not destroyed; however, the Council had not recorded her previous request for access. She wants the Council to investigate what happened when she initially approached it.
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 another body better placed to consider this complaint, or
- there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
- We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. However, we may decide to investigate if we think there are good reasons. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We will not investigate Mrs X’s complaint about how the Council dealt with her request to access her adoption records. Given the passage of time, it is unlikely we could reach a fair and meaningful decision on what happened. Therefore, there is nothing worthwhile to be achieved through our investigation. In addition, complaints about the management of personal records are best dealt with by the Information Commissioner’s Office.
Final decision
- We will not investigate Mrs X’s complaint because there is no worthwhile outcome to be achieved through our involvement.
Investigator's decision on behalf of the Ombudsman