Summary: We will not investigate this complaint about the Council’s failure to appropriately safeguard Mrs X’s children whilst in foster care. This is because an investigation would not lead to a different outcome for Mrs X.

The complaint

1. Mrs X made several complaints regarding the Council’s safeguarding of her children whilst in foster care.

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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.

(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 Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X complained to the Council about its management of her children’s foster care arrangements. Among other things she raised concerns about the Council’s safeguarding and the contact allowed between her and the children.
6. The Council investigated Mrs X’s complaint in line with the children’s statutory complaints procedure and did not uphold most Mrs X’s complaints apart from the delay in completing the investigation.
7. Mrs X remains unhappy with the Council’s action and wants us to find it at fault. The Ombudsman will not investigate matters the Council has already considered if there is no significant fault in the process followed. The evidence shows the Council has carried out a competent statutory investigation into the concerns raised. The delay in completing the investigation did not cause Mrs X significant injustice. An investigation into this matter would therefore be unlikely to result in a different outcome.

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Final decision

8. We will not investigate Mrs X’s complaint because an investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman