Summary: We have upheld Miss X’s complaint the Council did not respond properly to concerns she raised about the foster care placement she was staying in with her baby. The Council agreed a proportionate remedy.

The complaint

1. Miss X complains the Council did not respond properly to concerns she raised while staying in a foster care placement with her baby.
2. Miss X also complains the Council did not complete the Statutory Children’s Complaints Procedure.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and s34H(1), as amended)

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How I considered this complaint

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

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My assessment

6. After Miss X had her baby, an Interim Care Order was granted for her child. Miss X and her baby were placed in a specialist unit and then moved to a mother-and-baby foster placement.
7. Miss X complained to the Council about the foster placement. Miss X complained there was a lack of hot water and heating. Miss X also complained the Council failed to properly investigate religious discrimination and prevented her from travelling because of racial profiling.
8. The Council investigated Miss X’s complaint and partially upheld only one of Miss X’s complaints.
9. Miss X asked the Council to consider her complaint at Stage 2 of the Statutory Children’s Complaints Process.
10. The Council investigated Miss X’s complaint at Stage 2 of the Statutory Children’s Complaints Process. The Adjudicating Officer accepted the Investigating Officer’s recommendation to fully uphold all four of Miss X’s complaints and agreed to five recommendations including providing training to staff and a written apology to Miss X.
11. During the complaints process Miss X requested financial redress for the emotional distress, inconvenience and hardship suffered and the disruption and loss caused by denied travel plans. The Council agreed to pay 10% of the amount Miss X had requested.
12. Later, the Council increased its financial offer, but Miss X wanted the Council to convene a Stage 3 Panel to review this. The Council refused to hold a Stage 3 Panel. This was fault.
13. Once a Council has accepted a complaint under the statutory procedure, the complainant has a right to pursue it through all three stages.
14. We asked the Council to hold a Stage 3 Panel and complete the statutory process without delay; make an additional symbolic payment to Miss X in recognition of the stress and uncertainty caused by not accepting her request to escalate her complaint to Stage 3 of the statutory complaints process; and, provide guidance and training to relevant staff. The Council has agreed to these remedies.

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Final decision

15. We have upheld Miss X’s complaint. The Council agreed a proportionate remedy.

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Investigator's decision on behalf of the Ombudsman