Stockport Metropolitan Borough Council (21 014 246)
Category : Children's care services > Fostering
Decision : Closed after initial enquiries
Decision date : 26 Jan 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about an alleged overpayment of fostering allowance. This is because there is insufficient evidence of fault on the Council’s part to warrant the Ombudsman’s intervention.
The complaint
- The complainant, who I will refer to as Mr B, complains that the Council has failed to address issues relating to his disputed liability for an alleged overpayment of fostering allowance.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr B fostered a child for a period in 2019. In 2021 the Council wrote to tell him it had overpaid fostering allowance and intended to recover it. Mr B believes it has not set out sufficient detail to show how the amount the Council intends to recover is calculated, the period it relates to, and why it regards it as recoverable from him.
- We will not investigate this complaint because there is insufficient evidence of fault on the Council’s part. The complaint correspondence Mr B has provided to the Ombudsman provides a breakdown of the amount the Council regards as being overpaid. This is sufficient to show how the alleged overpayment was calculated.
- It is not for the Ombudsman to take a view on whether the alleged overpayment should be recovered. If Mr B disputes the amount of the overpayment, or whether he is liable for it, it is open to him not to pay. The onus will then be on the Council to take recovery action, which Mr B may challenge in court. There are no grounds for the Ombudsman to intervene.
Final decision
- We will not investigate Mr B’s complaint because there is insufficient evidence of fault.
Investigator's decision on behalf of the Ombudsman