Summary: We have discontinued our investigation into Miss X’s complaint that the Council would not let her complain about the welfare of her nephews. Since making the complaint Miss X has become a foster carer for her nephews, and therefore has a statutory right to complain. This means further investigation would not lead to a different outcome.

The complaint

1. The complainant, whom I refer to as Miss X, complains that the Council would not let her complain about the welfare of her nephews or about the Council’s failure to protect them.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely further investigation will lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I spoke to Miss X about her complaint, and considered information from Miss X and the Council.
4. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

5. Miss X’s complaint to the Ombudsman was about the Council’s decision, in December 2020, not to let her make a complaint about how it had supported and protected her nephews (or failed to do so). At the time, the Council decided she did not have sufficient interest in her nephews’ welfare.
6. However, Miss X’s circumstances have changed significantly since then. She is now caring for her nephews and, although she has not yet been fully approved as a local authority foster carer, she has received temporary approval under Regulation 24 of the Care Planning, Placement and Case Review (England) Regulations 2010.
7. This means that, although her status is temporary, Miss X is now a foster carer for the children. Under section 26(3) of the Children Act 1989, she now has a statutory right to make a complaint.
8. Because of this, it would not be worthwhile investigating further. Miss X approached the Ombudsman about not being able to complain to the Council, and now she can.
9. Miss X’s statutory right to complain will remain while she is a foster carer for the children. If her status as a foster carer ends (either when her temporary approval expires, or later) then the Council must, again, decide whether she has sufficient interest in the children’s welfare to make a complaint. But this is a hypothetical situation.
10. If Miss X is unhappy with a future Council decision about her right to complain, she can approach the Ombudsman again.

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Final decision

11. I have discontinued my investigation. Miss X is now able to make a complaint to the Council, so further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman