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Cornwall County Council (02B16976)

Children and family services     Maladministration causing injustice

27 September 2005

‘Mr Bartlett’ and ‘Ms Carple’ fostered two brothers, ‘Tom’ and ‘Simon’ (not their real names), for the Council for three years. The boys came from a broken family but had always lived together. The complainants alleged that the Council removed Simon, the younger brother, in an unjustified and unplanned manner, and that, after Simon was removed, the Council did not ensure appropriate contact was maintained between the brothers or with his former foster carers.

The Ombudsman found that the Council had failed to follow procedures in a number of respects. The Council did not seek a professional assessment of the attachment between the brothers. It failed to properly record its decision to remove Simon. The Council did not review its decision although it soon agreed that the school was inappropriate for Simon’s needs as the foster carers had said. In their reviews, Simon and Tom made it clear they wanted the Council’s decision reversed. Both boys requested regular contact with each other at the home of Mr Bartlett and Ms Carple. But the Council did not take these wishes into account or promptly organise regular contact. It did not tell the boys about their rights of advocacy, although it knew they were dissatisfied. The Ombudsman found that Tom and Simon had been caused significant emotional distress and loss of finite childhood years living together as brothers with Mr Bartlett and Ms Carple with whom they wished to live.

When Mr Bartlett and Ms Carple raised their complaint, the Council delayed in following the statutory complaints procedure. It acted unreasonably saying that, in pursuing the complaint, the foster carers jeopardised both contact with Simon and Tom’s placement with them.

The Ombudsman found maladministration causing injustice and the Council agreed with his recommendations to compensate Mr Bartlett and Ms Carple by paying them £10,000 and compensate Tom and Simon by paying them £10,000 each when they reached their 18th birthday. The Council also agreed to review its procedures for:

  • foster carer reviews;
  • implementing the statutory complaint procedure especially for foster carers;
  • liaison between care managers and fostering services;
  • the provision of disruption meetings; and
  • supporting children in care to enable them to express their views.
     

Date Published: 27/04/09