Plymouth City Council (21 000 052)

Category : Children's care services > Fostering

Decision : Closed after initial enquiries

Decision date : 28 May 2021

The Ombudsman's final decision:

Summary: We will not investigate this complaint about how the Council assessed the complainants suitability to continue as a foster carer. This is because it is unlikely we would find fault, and the complainant had the opportunity to challenge the contents of the assessment.

The complaint

  1. Mr C complains that the Council was at fault in how it assessed he and his wife’s suitability to continue as foster carers. Mr C says the Council included inaccurate information in its assessment and unfairly put asked the fostering panel to consider the assessment.

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The Ombudsman’s role and powers

  1. 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 or continue with an investigation if we believe:
  • it is unlikely we would find fault, or
  • there is another body better placed to consider this complaint, or
  • it would be reasonable for the person to ask for a council review or appeal.

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

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How I considered this complaint

  1. I reviewed Mr C’s complaint and the Council’s responses. I sent a draft version of this decision to Mr C and invited his comments. I have spoken to Mr C about my decision and considered his comments, I have also considered further written comments and supporting evidence that he provided.

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What I found

  1. Mr C and his wife, who I will refer to as Mrs C. were foster carers together for over twenty years. In 2019, they had to terminate a foster placement due to Mrs C’s health.
  2. Some two years later, Mr & Mrs C contacted the Council and said they would like to start fostering again. The Council carried out an assessment which it decided should be considered by the fostering panel. The Council say it made this decision because of the two-year gap between placements and because of concerns it had about Mrs C’s health.
  3. Mr C complains about the contents of the assessment, which he says contains inaccuracies. He also complains about the Council’s decision to put the case towards the fostering panel. Mr C accepted that there had been a two-year gap between placements but said he had been unable to foster for the previous year due to the COVID-19 crisis.
  4. The fostering panel considered the case, but Mr & Mrs C both resigned prior to the hearing and chose not to attend.

Assessment

  1. I will not investigate Mr C’s complaint about the Council’s decision to put the assessment forward to the fostering panel. This is because there is no evidence of fault in the Council’s decision. The Council’s policy says that the Council has discretion to ask the panel to consider assessments and has explained to Mr C why it chose to do so in his case. Mr C may disagree with the Council’s reasons, but this does not mean it has done anything wrong.
  2. I will not start an investigation into Mr C’s complaint about the contents of the Council’s assessment. This is because Mr C had the opportunity to attend the fostering panel but chose instead to resign before it went ahead. The hearing was Mr C’s opportunity to challenge the inaccuracies in the social worker’s assessment and make his case for approval as a foster carer.
  3. If the panel made an adverse decision. Mr C would have had the right to refer the matter to the Independent Review Mechanism. That was the appropriate way to appeal the social worker’s conclusions. It is not for the us to comment on a person’s suitability for approval as a foster care while that recourse exists.

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Final decision

  1. I will not investigate this complaint. This is because there is no evidence of fault and because Mr C could have attended the fostering panel to challenge the contents of the assessment.

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Investigator's decision on behalf of the Ombudsman

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