Summary: We will not investigate this complaint about the Council’s decision not to investigate a complaint under the statutory children’s complaint process. The Council explained why it would not investigate a complaint from Mr X, and it is unlikely we would find fault in the Council’s decision-making here.

The complaint

1. Mr X complained the Council disregarded concerns he raised with it, about children who he had previously fostered. He said the Council had poorly managed their move to new carers and is concerned about their welfare. Mr X wants the Council to explain what it is doing to support the children.

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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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

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

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My assessment

6. The statutory children’s complaints procedure was set up to provide children, young people and those involved in their welfare with access to an independent, thorough and prompt response to their concerns. Because of this, if a council has considered its duties under the statutory children’s complaint procedure, the Ombudsman would not normally re-visit a properly taken decision.
7. The accompanying statutory guidance says the Council can decide whether a person making a complaint on behalf of a child is a suitable person and if it decides that person is not, it can decline to investigate a complaint. If this is the case, the guidance says the complaint manager must write to the person and explain why it believes this to be the case.
8. Mr X complained about the Council’s actions relating to children who he previously fostered. The Council declined to investigate Mr X’s complaint saying it had considered Mr X’s previous involvement with the children but also highlighted other factors which it considered when making this decision.
9. Noting the Council’s reasons set out in its letter to Mr X, it is unlikely I would find fault in its decision making and so could not criticise its decision. Consequently, I will not investigate Mr X’s complaint.

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Final decision

10. We will not investigate Mr X’s complaint because it is unlikely I would find fault.

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Investigator's decision on behalf of the Ombudsman