Summary: We will not investigate Mr X’s complaint because it is reasonable to expect him to have used the Council’s review process.

The complaint

1. The complainant, whom I shall call Mr X, complains about the way the Council’s children services team handled ending a foster placement with him.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint unless we are satisfied the Council knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the Council of the complaint and give it an opportunity to investigate and reply (Local Government Act 1974, section 26(5))
3. 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 it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. I considered Mr X’s comments on a draft version of this decision.

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My assessment

7. Mr X says he and his partner fostered two children for five years. The Council decided in May 2020 to remove them from Mr X’s home and move them to another placement. Mr X complained about how they had been supported as foster carers through the placement, record keeping, and the assessments and the process that led up to the decision to remove the children.
8. The law sets out a three stage procedure for councils to follow when looking at complaints about children’s social care services. At stage two of this procedure, the Council appoints an Investigating Officer and an Independent Person (who is responsible for overseeing the investigation). If a complainant is unhappy with the outcome of the stage two investigation, they can ask for a stage three review. If a council has investigated something under this procedure, the Ombudsman would not normally re-investigate it unless we consider that investigation was flawed. However, we may look at whether a council properly considered the findings and recommendations of the independent investigation.
9. The Council’s stage two investigator provided their report in November 2020. The Council provided its response to that report in December 2020. It offered apologies and a total payment of £1150. Mr X accepted this money in January 2021. The Council’s response explained that Mr X could request a stage three review if he remained dissatisfied. It said this review could consider if the Council’s response had been reasonable and proportionate.
10. The Council say Mr X did not seek a stage three review. It says the time to do so has now expired.
11. Mr X says he did not believe he had grounds to go to stage three, as he believed it could only happen if he was unhappy with complaints procedure process not the outcome.
12. The Council’s stage two letter to Mr X is clear that a stage three could be requested if he remained unhappy with the complaint outcome. This meets the complaints guidance on stage three review panels. Mr X would like the Council, as an outcome to his complaint, to arrange better contact between him and the two children whom he cared for five years. In reply to the draft of this decision, Mr X says the Council has now ‘initiated a schedule’.
13. We will not investigate Mr X’s complaint as it does not satisfy our assessment code. Mr X has not exhausted the complaints procedure. It is reasonable to expect him to have used the Council’s stage three review process.

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Final decision

14. We will not investigate this complaint. This is because it is reasonable to expect Mr X to have used the Council’s review process.

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Investigator's decision on behalf of the Ombudsman