Summary: Mrs X complained about matters relating to the Council’s involvement in contact between her foster children and their birth family, the actions of social workers during a meeting in June 2021 and the Council’s complaints responses. The Council has already agreed it acted with fault and has upheld some of Mrs X’s complaints. It has apologised and explained what it will do to prevent a reoccurrence. These were appropriate actions to take.

The complaint

1. Mrs X complained about matters relating to contact between her foster children and their birth family, the actions of social workers during a meeting in June 2021 and the Council’s complaints responses.
2. Mrs X also complained the Council’s complaints responses failed to address her complaints and the questions she asked properly.
3. Mrs X said this has left her feeling distressed.

Back to top

The Ombudsman’s role and powers

4. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word ‘fault’ to refer to these. We cannot question whether an organisation’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
5. 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 any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6))
6. If we are satisfied with an organisation’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

7. I spoke to Mrs X and considered her view of her complaint.
8. I made enquiries of the Council and considered the information it provided.
9. I wrote to Mrs X and the Council with my draft decision and considered their comments before I made my final decision.

Back to top

What I found

10. Councils have statutory duties to children in care to promote and safeguard their welfare. Guidance sets out how councils should manage and arrange placements
11. At the time these events took place, Mr and Mrs X were approved by the Council to short-term foster up to two pre-school children.
12. In September 2019, Mr and Mrs X became the short-term foster carers for two pre-school children. The children had Court ordered contact with some of their birth family at a contact centre. Shortly afterwards, the Council began the transition process to move the children to their adoptive family.
13. In March 2020, Mr and Mrs X’s social worker carried out a review. This recorded many positives about the care provided by Mrs X. It also raised several concerns around some of Mr and Mrs X actions.
14. Between April and September 2020, there were some disputes between the Council and Mr and Mrs X around respite requests, the lack of in person contact with social workers carrying out inspections and with the children’s birth family because of COVID-19 and transport arrangements. As a result of this Mr and Mrs X asked to be assigned a new social worker which took place.
15. In May 2021, the foster children moved to their adoptive family.
16. The adoption team were unhappy with some of the contact with the birth family provided by Mr and Mrs X and submitted a report to the fostering social worker.
17. In June, a meeting took place with Mr and Mrs X and two members of the fostering team. A number of issues were discussed including issues concerning the house and garden, the levels of therapeutic care provided by Mrs X, her inability to drive, the effects of COVID-19 on Mrs X’s willingness to allow contact with the birth family and social workers, and the issues raised by the adoption team.
18. Following this meeting, Mrs X complained to the Council. She said that during the meeting, the social workers accused her of numerous things and made inappropriate comments about her abilities to care for the children because of her disability. They said the social workers also criticised their house and raised complaints made by the adoption team about the meetings with the adoptive parents.
19. Mr and Mrs X also complained about the fostering team’s lack of regard for her family’s safety when they wanted her to take the children to contact meetings with their birth family. Mrs X said she felt intimidated and bullied by the social workers because she felt unable to agree to their requests she take a taxi to sessions when her daughter was vulnerable.
20. The Council responded to Mrs X’s complaints. It said when matters of concern were raised it was important these were shared with the foster carers but it understood she was unhappy with the way the information had been shared. The complaints officer said that it would not be possible to determine whether Mrs X’s perception of the meeting was accurate because they were not there. The officer said that at the next review, Mrs X would get the opportunity to respond to each of the issues raised at the meeting and her comments would be recorded on her file.
21. In July, the new social worker carried out another review. The notes from the review confirmed Mr and Mrs X had been given a right to respond and their comments had been recorded.
22. Mrs X made a second complaint to the Council about the report that was prepared by the adoption team. She was unhappy about comments made by the team about the children having to meet social workers outside in the rain, their poor clothing and their house being cramped. She felt the social workers lied.
23. In October 2021, the Council Fostering Panel met to consider Mr and Mrs X’s latest foster carer review and the concerns that had been raised by the fostering team. Mr and Mrs X were in attendance for part of the meeting.
24. The notes outlined many positives in Mr and Mrs X’s ability to foster. They also listed the concerns raised by both the fostering and adoption teams, which were discussed. Following the discussion, the Panel Chair recommended approval continue for Mr and Mrs X.
25. The matter then went to the Council’s Agency Decision Maker (ADM). The ADM is the person who decides whether to grant approval to foster or adopt.
26. The ADM confirmed the Panel process had been fair and rigorous. They deferred granting approval until they had received further information to allay some of the outstanding concerns. This was subsequently provided, and the ADM granted approval.
27. The Council responded to Mr and Mrs X’s second complaint. The Council partially upheld one complaint but did not uphold the others.
28. Mr and Mrs X remained unhappy and complained to the Ombudsman.

My findings

29. I have considered the comments made by Mrs X to the Council in her complaint letters and our discussion on the phone. I have also considered the notes made from Mr and Mrs X’s fostering review meetings, statements from both fostering and adoption social workers, the Panel minutes and the Council’s complaint responses.
30. Concerns were raised by both the fostering and adoption teams about a number of issues whilst the two foster children were placed with Mr and Mrs X. These concerns were discussed with Mrs X in person. Mrs X was unhappy with those discussions, particularly at the meeting in June 2021, but the Council had a duty to follow these up in order to make an informed decision. As a result of her first complaint to the Council, Mrs X’s responses were recorded on her case files during the next review. Mrs X was also able to present her views at the Panel meeting. There was no fault in the Council’s actions.
31. Mrs X is unhappy with the Council’s complaint responses. Most of the issues raised related to comments made by social workers which she perceived as inaccurate or inappropriate. As a result, the Council was unable to come to a robust decision on what occurred as there were no independent witnesses to the events under dispute. I too am unable to come to a sound decision.
32. Mrs X is also unhappy because she feels the Council has not responded to each aspect of her complaint, particularly in relation to the second one she made about the adoption team’s report.
33. The Council has provided responses to the majority of Mrs X’s complaints. For those where it has not provided a specific response, it has acknowledged she feels officers have lied. It has given Mrs X an opportunity to place her views on file. Where it considered matters could have been dealt with differently, it has explained what it would do in future. The Council did not deregister Mrs X as a foster carer as a result of the matters which form this complaint and it agreed to her wish to change the age of the children she fostered. Any injustice is not significant enough to warrant our further involvement in this.

Back to top

Final decision

34. The Council has already agreed it acted with fault and taken appropriate action. Therefore, I have completed my investigation.

Back to top

Investigator's decision on behalf of the Ombudsman