Summary: Mr and Ms X complain that the Council failed to support them adequately as foster carers and wrongly removed children from their care. They also say the Council’s complaints handling and remedy offer is inadequate. The Council is at fault and has agreed to a stage 3 review of the complaints.

The complaint

1. The complainants, who I refer to here as Mr and Mrs X, complain about the Council’s actions while they were working as foster carers, including taking children from them without notice or an adequate explanation, and failure to support them properly. They also complain that the complaints handling process has been poor, with significant delays.

Back to top

What I have investigated

2. I have investigated whether Mr and Mrs X’s complaints have been handled correctly. I have not investigated the substance of their complaints.

Back to top

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. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with a council’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

Back to top

How I considered this complaint

5. I considered information provided by Mr and Ms X and by the Council. I have shared my final decision with both parties and considered their comments before finalising my decision.

Back to top

What I found

The Children’s Statutory Complaints Procedure

6. Most complaints about children’s social care must follow a series of steps set out in law, known as the children’s statutory complaints procedure. This is a three-step process:
1. Stage 1 – local resolution
2. Stage 2 – an investigation with an independent person overseeing it
3. Stage 3 – a review panel with an independent chair.
7. People who are entitled to complain using this procedure include parents, foster carers and adoptive parents.
8. There are set time scales for each stage set down in Government guidance Getting the Best from Complaints
9. The complainant is entitled for the complaint to be considered at stage 2 even if the council has upheld the complaint at the first stage or considers there to be no substance to the complaint. This is also the case for stage 3, apart from some limited circumstances.
10. The Ombudsman may consider a complaint after stage 2, instead of continuing to a stage 3 review panel if:
1. There is a robust stage 2 report which has been adjudicated and all significant complaints have been upheld; and
2. The council has agreed to meet most or all of the complainant’s desired outcomes.

What happened

11. Mr and Ms X are foster carers. In June 2018 the Council placed three children with them. In December 2018 the Council removed the children from Mr and Ms X’s care. Mr and Ms X complained to the Council the same month. They said the Council was at fault in removing the children and that they had not been given a proper level of support either during the placement or afterwards. The Council responded within two weeks. Mr and Ms X were not satisfied with the response and asked to move to stage 2 of the statutory process. As a separate enquiry was underway, the Council decided to defer their request until the other enquiry was finished. Mr and Ms X told me they were not offered a choice over the delay.
12. Mr and Ms X re-submitted their stage 2 request in October 2019. The stage 2 process was not completed until January 2021. The Council has accepted this breached the time limit for completion of a stage 2 report. Getting the Best From Complaints says stage 2 reports should usually be completed within 25 working days. Where this is not possible, the deadline may be extended to a maximum of 65 working days.
13. The stage 2 investigation upheld six out of nine complaints, did not uphold two and partially upheld one. The Council held an adjudication meeting at which the Council’s assistant director agreed with these outcomes.
14. The Council offered Mr and Ms X £500 for the delay in undertaking a stage 2 investigation and £4,500 for the distress caused by the way the children were removed. Mr and Ms X were unhappy with the stage 2 findings. They rejected the compensation offer and asked to move to stage 3.
15. In its response to my enquiries the Council said it explained to Mr and Ms X that it was unlikely the stage 3 panel would recommend more compensation or substantially change the outcome of their complaint. It said it suggested an early referral to the Ombudsman instead, which Mr and Ms X agreed to do.
16. Mr and Ms X disagreed with the Council’s version of events. They said they were not given the explanation described but were categorically told there would be no stage 3 and instructed to contact us.

Back to top

Analysis

17. The criteria for early referral have not been met. It is not possible to make a finding on what exactly the Council said to Mr and Ms X but it is clear that all significant complaints have not been upheld and the complainants remain unhappy with the outcomes. The Council is at fault and has caused further delay to the complaints process.
18. I spoke to Mr X. He has some concerns about the independence of the panel but was reassured when I explained the process of appointment to him. He understands that he may make a fresh complaint to us if he is not satisfied with the stage 3 process or result. I recommended that the Council arrange a stage 3 panel and the Council has agreed to do this.

Back to top

Agreed action

19. The Council has agreed that within one month of my final decision it will convene a stage 3 panel to hear Mr and Ms X’s complaint.

Back to top

Final decision

20. I have completed my investigation with a finding of fault by the Council. It has agreed to hold a stage 3 review of the complaints.

Back to top

Parts of the complaint that I did not investigate

21. I did not investigate the substantive parts of the complaint.

Back to top

Investigator's decision on behalf of the Ombudsman