Summary: We will not investigate this complaint about the Council’s decision to remove two foster children from Miss X’s care in December 2021 and that the Council wrote untrue reports about Miss X. This is because there is insufficient evidence of fault in how the Council considered the complaint under the statutory children complaints procedure. In addition, an investigation by us would not lead to a different outcome.

The complaint

1. Miss X complains about the Council’s decision to remove two foster children from her care in December 2021. She says there was no evidence to support the removal of the children and she considers this was done as she had raised concerns about the Council’s corporate care of the children. She also complains the Council has written untrue reports about her without giving her the opportunity to comment.

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 an investigation if we decide:

• there is not enough evidence of fault to justify investigating, or
• further investigation would not lead to a different outcome, or

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

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Miss X’s complaint has been investigated under the statutory children complaints procedure. Miss X’s complaints were not upheld during the stage 2 investigation or stage 3 panel review.
6. We would not reinvestigate a complaint that has gone through the statutory process unless there is evidence of fault or omission in the Council’s consideration under the process.
7. I have reviewed the stage 2 investigation report and stage 3 panel review findings. There is no evidence to suggest the stage 2 or stage 3 consideration was flawed or that the appropriate process was not followed.
8. Therefore, an investigation is not justified as we are unlikely to find fault with the way Miss X’s complaint was investigated under the statutory children complaints procedure. In addition, as we are unlikely to find fault with the way the complaint was investigated, this means an investigation by us would not lead to a different outcome. This is because the findings already made under the statutory complaints procedure should be relied on.

Back to top

Final decision

9. We will not investigate Miss X’s complaint because there is insufficient evidence of fault in how the Council considered the complaint under the statutory children complaints procedure. In addition, an investigation by us would not lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman