Summary: We cannot investigate some of Ms X’s complaint about the Council’s actions regarding her children who are in foster care because the matters relate to decisions made by a court. We will not investigate the remainder because there is insufficient evidence of fault, and we cannot achieve the outcome Ms X wants.

The complaint

1. Ms X complained the Council:
1. failed to investigate her concerns about the care of her children who are in foster care; and
2. discriminated against her due to her heritage.
2. Ms X said the matter caused her distress and frustration.
3. Ms X wants the Council to return her children to her care and change the children’s social worker.

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The Ombudsman’s role and powers

4. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
5. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)
6. 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:

• there is not enough evidence of fault to justify investigating, or
• we cannot achieve the outcome someone wants.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

7. I considered information provided by the complainant and the Council.
8. I considered the Ombudsman’s Assessment Code.

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My assessment

9. Ms X has children who are in the care of the Council under a Care Order. The children live in foster care.
10. Ms X complained to the Council. She said the children attended contact sessions in a distressed manner, had bruising, and were generally unkempt. She claimed the Council discriminated against her because of her heritage. Ms X asked the Council to change the allocated social worker for the children and later told the Council she wants the children returned to her care.
11. In its complaint response, the Council told Ms X:
1. it investigated her concerns regarding her children and found no safeguarding concerns. It explained the children, at times, hit one and other which;
2. the courts determined the children should remain in foster care;
3. the courts found no evidence of discrimination during court proceedings;
4. the children are, at times, distressed during contact. However, it found this was due to multiple factors including Ms X’s presentation; and
5. it would not change the children’s social worker because there was no good reason to do so.
12. The Council did not uphold the complaint. It informed Ms X if she wanted to challenge the decision for the children to be adopted, she could do so during later court hearings about the matter.

Matters we cannot investigate

13. We cannot investigate Ms X’s complaints about where the children live or recommend her children return to her care. This is because the courts decided the children should be placed in the care of the Council and remain in foster care. The courts also approved the children to be placed for adoption.
14. The courts considered Ms X’s concerns about discrimination but found no evidence to support this claim.
15. Because the courts considered these matters the Ombudsman has no jurisdiction to investigate them now.

Matters we will not investigate

16. We will not investigate Ms X’s complaints about the harm she alleges her children experienced in foster care, nor the children’s presentation during contact.
17. The Council investigated the concerns at the time and found no safeguarding concerns. It explained the children’s presentation during contact. There is insufficient evidence of fault in how the Council considered these matters, and so we will not investigate.
18. Ms X wants the Council to change the children’s social worker. It is for the Council to decide how its resources are allocated, including the named social worker. We will not investigate this matter because we cannot achieve the outcome Ms X wants.

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Final decision

19. We cannot investigate some of Ms X’s complaint because the matters relate to a decision made by the courts, and the law says we cannot investigate. We will not investigate the remainder because there is insufficient evidence of fault, and we cannot achieve the outcome Ms X wants.

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Investigator's decision on behalf of the Ombudsman