Summary: We will not investigate Ms X’s complaint that the Council failed to properly investigate a foster carer who misspent her relative’s Mr Y’s benefits. This is because this matter concerns events that took place over 12 months ago and there is no good reason to exercise discretion to investigate them now

You also need to reflect that an investigation would not lead to a different outcome

The complaint

1. Ms X is a relative of Mr Y. Ms X complained the Council failed to properly investigate her relative Mr Y’s foster carer, who misspent his benefits over several years.
2. She said Mr Y has experienced significant financial loss due to the Council’s actions.

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The Ombudsman’s role and powers

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.

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We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council.
(Local Government Act 1974, sections 26B and 34D, as amended

4. 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:

• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

5. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council.
   (Local Government Act 1974, sections 26B and 34D, as amended)

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How I considered this complaint

6. I considered information provided by Ms X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Ms X complained to the Council that her relative Mr Y’s former foster carer had stolen benefits meant for Mr Y over a period of several years. She said the Council had missed several opportunities to prevent this and should investigate what happened.
9. The Council carried out a safeguarding enquiry and found the foster carer could not account for a significant sum of money meant for Mr Y in the last two years. The Council confirmed the foster carer was paying this money back. The Council said earlier policies did not require foster carers to keep financial records for the children in their care, so it could not investigate earlier than this. The Council confirmed it has had changed its policies going forwardto require foster carers to now keep such records.
10. Ms X was unhappy the Council did not investigate the foster carer’s conduct earlier than the previous 2 years. She wants us to find the Council at fault for this. We will not usually exercise discretion to investigate events that took place more than 12 months ago unless there is a good reason to do so.
11. In addition, further investigation is unlikely to amount to anything any different outcomes or findings as the Council has confirmed it has investigated all available records and put a plan in place to ensure Mr Y receives the benefits due to him.

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Final decision

We will not investigate Ms X’s complaint because this matter concerns events that took place over 12 months ago and there is no good reason to exercise discretion to investigate them now. In addition, an investigation would not lead to different outcomes or findings.

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Investigator's decision on behalf of the Ombudsman