Summary: We will not investigate Mr X’s complaint that the financial remedy offered by the Council is not enough. That is because further investigation will not lead to a different outcome.

The complaint

1. Mr X complained about the financial remedy the Council offered after it upheld his complaint. He said it did not reflect the impact the Council’s actions had had on him and his family. He said it did not consider their careers and futures. He wants the Council to offer a remedy commensurate with the loss and damage caused.

Back to top

The Ombudsman’s role and powers

2. 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:

• further investigation would not lead to a different outcome, or
• there is another body better placed to consider this complaint.

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

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.
5. Mr X had an opportunity to comment on my draft decision. I considered their comments before making a final decision.

Back to top

My assessment

6. Mr X acted as a foster carer for an Independent Fostering Agency. He and his wife cared for a young person placed by the Council. Following the Council’s decision to end that placement, Mr X complained. The Council initially did not investigate that complaint and Mr X contacted us. We issued a final decision finding the Council at fault for failing to consider Mr X’s complaint and asked it to send Mr X a complaint response.
7. The Council subsequently upheld Mr X’s complaint. It said it had not followed the correct procedures and had not communicated with Mr X transparently about the ending of the foster placement. It offered Mr X £1000 to remedy the avoidable distress caused by its actions and for the time and trouble of having to complain.
8. Although Mr X is unhappy with the amount offered, we will not investigate this complaint further. That is because I am satisfied the Council has considered its remedy in line with our Guidance on Remedies. This recommends a symbolic payment of:
• Between £100 - £300 for time and trouble.
• Between £100 - £300 where the Council’s actions have caused avoidable distress. A higher payment may be justified where the Council’s actions have caused severe or prolonged distress.
9. The Council has already offered a higher payment. There is nothing to suggest there are further exceptional circumstances that would justify a higher symbolic payment. The court is best placed to consider any claim for potential future loss of earnings or damages caused by the Council’s actions.

Back to top

Final decision

10. We will not investigate this complaint. This is because further investigation will not lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman