Summary: We will not investigate this complaint about the Council’s decision to suspend payments Mr X and his partner were receiving to care for their foster children. This is because an investigation would be unlikely to result in a different outcome.

The complaint

1. Mr X and his partner complained the Council reneged on its promise to continue making payments they needed to care for their foster children after they adopted them.

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The Ombudsman’s role and powers

2. 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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X and his partner complained to the Council after it stopped making payments they were receiving to care for their foster children after they adopted them. The couple said the Council had previously agreed to continue making these payments post adoption and were necessary to help meet the children’s needs.
6. The Council investigated in line with its corporate complaints procedure and found there was no evidence to support the couple’s complaint, nor was there evidence that the additional payments were necessary to meet the children’s needs. The Council did not uphold the complaint.
7. Mr X and his partner remain unhappy with the Council’s decision. Having reviewed the Council’s investigation, I can see there is no evidence the Council formally arranged to continue to make the payments once the children were adopted. There is also no evidence the Council carried out an assessment to justify these payments or implemented a review of this arrangement to ensure it was appropriate and meeting the children’s needs. Further, the payments were associated specifically with foster care and as the couple are no longer fostering, they would be expected to apply for post adoption support if this is necessary. An investigation would therefore be unlikely to result in the couple’s desired outcome, which is to have the payments reinstated.

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Final decision

8. We will not investigate Mr X’s complaint because an investigation would be unlikely to result in a different outcome.

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Investigator's decision on behalf of the Ombudsman