Summary: The Ombudsman will not investigate this complaint about the Council’s decision to de-register the complainant as a foster carer. This is because the complainant could have appealed to the Independent Review Mechanism.

The complaint

1. The complainant, whom I refer to as Mrs X, disagrees with the Council’s decision that she, and her husband, should be de-registered as foster parents.

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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 an investigation if we believe there is another body better placed to consider this complaint. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and documents linked to the decision to de-register Mrs X. I considered comments Mrs X made in relation to a draft of this decision.

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What I found

Independent review mechanism (IRM)

4. The IRM is an independent review body, not linked to the Council, which reviews decisions made by fostering providers. This includes fostering decisions made by councils.

What happened

5. Mrs X was a foster parent. She resigned in April 2020.
6. In May the Council told her it had decided to de-register her, and her husband, as foster parents. The Council noted many strengths Mr & Mrs X had shown as foster parents but it decided there were safeguarding issues which meant they could no longer continue as foster parents.
7. The main issue of concern is that, since 2018, the police have been investigating Mr X in relation to allegations of inappropriate conduct made by two of the children Mr & Mrs X had looked after. Mr X was not arrested. The CPS is still considering the case and it is not known when the CPS will decide if Mr X should be charged.
8. The Council decided to deregister Mr & Mrs X due to the potential safeguarding risks and the on-going situation of waiting for the CPS to make a decision.
9. Mrs X is unhappy that the Council has made a decision without waiting for the CPS to make a decision. She also complains the Council continued with the hearing even though she had recently suffered a bereavement. The panel hearing took place after Mrs X had resigned.
10. The Council told Mrs X on 6 May 2020 that it had decided to deregister her. It gave her 28 days to appeal to the Council or appeal to the IRM.

Assessment

11. I will not start an investigation because Mrs X could have appealed to the IRM. It is reasonable to expect her to have appealed to the IRM because this is the specific body, made up of fostering experts, to deal with complaints about deregistration and fostering. The IRM could have considered Mrs X concerns about the Council not waiting for the CPS decision and the way it handled the process. Mrs X has not provided any reasons for not appealing to the IRM.
12. Mrs X has concerns about the hearing taking place even though she had had a bereavement. I will not investigate this issue because I am not investigating the main issue about the deregistration.

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Final decision

13. I will not start an investigation because Mrs X could have appealed to the IRM.

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Investigator's decision on behalf of the Ombudsman