Summary: We will not investigate this complaint about access to foster children. This is because there is insufficient evidence of fault to warrant investigation.

The complaint

1. Mr X said the Council wrongly prevented him from seeing foster children who live with his ex-partner despite him being cleared by a safeguarding investigation.

Back to top

The Ombudsman’s role and powers

The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

Back to top

How I considered this complaint

2. I considered information provided by the complainant.
3. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

4. The Council’s final response to Mr X confirms it has no child protection concerns about him and he does not pose a risk to children. Instead, it confirms its reason for not allowing him informal contact with the foster children who live with his former partner is because of the children’s needs and care plan. Mr X is no longer a foster carer for these children. I appreciate he feels a strong attachment to them, and his relationship with his ex-partner may be good. But he is not a parent and has no right to contact with them. It is not fault for the Council, which acts as their corporate parent, to decide that his contact should be limited or prevented.

Back to top

Final decision

5. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council to warrant this.

Back to top

Investigator's decision on behalf of the Ombudsman