Summary: Miss C complained the Council failed to support her as a foster carer in relation to her training and development to progress under its Payment for Skills scheme which delayed her progression and reduced the level of payments she received. We have found fault by the Council but consider the actions it has already taken of an apology, backdating of payments and symbolic payment provide a suitable remedy.

The complaint

1. The complainant, whom I shall refer to as Miss C, complains the Council failed to support her as a foster carer for her brother in relation to her training and development to progress under its Payment for Skills scheme.
2. Miss C says because of the Council’s fault she suffered avoidable anxiety and unreasonable delay in progressing as a foster carer which reduced the level of payments she received.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in the decision making, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
5. 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)

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How I considered this complaint

6. I read the papers provided by Miss C and discussed the complaint with her. I have considered some information from the Council and provided a copy of this to Miss C. I have explained my draft decision to Miss C and the Council and considered the comments received before reaching my final decision.

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What I found

7. Children who are looked after by a council may be placed in foster care. A looked after child may be voluntarily accommodated under section 20 of the Children Act 1989 or may the subject of a legal order such as a care order under section 31 of the Children Act.  
8. Miss C became the carer for her brother in March 2017 under a section 20 agreement. Miss C was approved as a foster carer in November 2017 and her brother was made subject to a full care order in December.
9. The Council has provided a copy of its ‘Foster Carers’ Payment for Skills’ scheme dated March 2015. This sets out five levels and explains that progression is not automatic and carers can only progress between the levels when they have satisfied the criteria for the relevant level including:

• being at their current level for a minimum of 12 months from the date of joining the scheme
• completing all identified training and/or learning
• agreed progression at annual appraisal

10. The above document makes clear it is the responsibility of the supervising social worker to identify and enrol foster carers on appropriate training courses as identified in the carer’s personal development plan and at the holistic appraisal. It also makes clear it is the responsibility of foster carers to compile a portfolio of evidence which will be used together with the annual review information if the carer applies for progression to a higher level.
11. It is not clear if this document was provided to Miss C. The Council says it is not usual practice to provide this document at the outset as it is a lot of information to process but carers are generally told they can progress to Level 2 once they complete their portfolio and mandatory training, complete records regularly as well as providing a good standard of care.
12. Miss C completed some initial training at the end of 2017 and early in 2018. It was noted the further training required was being offered on days Miss C could not attend but further dates were due to be released. Miss C completed one of three mandatory training courses in November 2019 and another in February 2020 (this had been due in September 2019 but was cancelled by the Council). The third course was delayed due to no training being delivered during COVID-19 restrictions but was completed in July 2020. It is noted that Miss C was continuing to work on her portfolio at this point.
13. Miss C provided her portfolio to the Council in mid-February 2021 and this was discussed at her March review. The Council asked for further information before this could be considered as completed. The Council says this was not provided until March 2022 but Miss C says she provided it in May 2021. I note the Council’s Review Panel found, on balance, Miss C provided the information in May 2021. In these circumstances, I do not propose to investigate this point further.
14. Miss C complained to the Council about not progressing to Level 2 as a foster carer and other matters (which have not formed part of my investigation). The Council responded to Miss C’s complaint in April 2022. The Council noted Miss C had completed two out of three required training courses by March 2020 and the third course had been delayed due to the impact of COVID-19. The Council further noted the required portfolio of evidence had been submitted by Miss C in March 2021 but was returned to her as it required further work. The Council explained as Miss C had not completed all the requirements, she could not progress to Level 2.
15. Miss C progressed to Level 2 at an appraisal panel meeting in May 2022.
16. Miss C remained unhappy with the outcome of her complaint and escalated the matter to the second stage of the Council’s complaint procedure. The Council responded to Miss C in August and apologised for its part in the delays in her progression to become a Level 2 foster carer and suggested a back payment of Level 2 allowances given a gap in having an allocated social worker and the delay finalising the portfolio between March 2021 and May 2022. The Council considered six months would be a reasonable period.
17. Miss C progressed her complaint to the Council’s Stage 3 Review Panel. The Panel considered the matter in November and decided there had been a lack of clarity about the expectations of the process regarding progression. The Panel considered the Fostering Service should review the manner in which their training programme was made known to carers. The Panel also considered the level of support had not been adequate in enabling Miss C to progress to Level 2 in the timescale she desired. The Panel acknowledged there was a difference of opinion between Miss C and the Council about the date the portfolio was submitted. The Panel considered, on balance, the portfolio was completed by Miss C in May 2021. The Panel noted the recommended six month back pay but considered this should be backdated to May 2021 when Miss C submitted the information. The Panel acknowledged the stress and anxiety caused to Miss C and her time and trouble in making the complaint. The Panel recommended a payment of £1,000 to reflect this. The Council accepted the Panel’s findings. The Council has since backdated the Level 2 payments to 1 November 2020 resulting in a further payment.
18. Miss C says a supporting email was provided but this was not forwarded to the Panel as requested. The Council has provided a copy of this email which is dated 26 October. The Council says it was sent to Panel members on 1 November when the Complaints Manager returned from annual leave. I note the email sets out the stress experienced by Miss C due to her housing situation. I further note there was a significant amount of discussion about this issue at the Panel meeting and members were clearly made aware of the impact Miss C considered this had on her training. For this reason, I do not consider further investigation on this point is proportionate.
19. Miss C has provided me with copy messages in which she raises issues about her training and portfolio. These include: Miss C contacting her social worker in September 2019 to say her booked training had been cancelled; in October 2019 with concerns about how to progress her training and portfolio but being told there were no further places available that year; February 2020 about how to use the website to book training and receiving the necessary password to do so; and about training being cancelled again in March 2020. Miss C also considers the necessary focus on her housing situation took up social work resource which meant there was less time to help with her training and development.
20. The Council has accepted Miss C did not have an allocated social worker during the period August 2018 to January 2019. The Council acknowledges that although there was a duty system in place this would not have provided the robust support expected for foster carers which would have impacted on Miss C. The Council considers its apology to Miss C, backdating of Level 2 payments to 1 November 2020 and £1,000 for the stress and time and trouble caused represents a reasonable and proportionate remedy. Miss C considers the Council should backdate the Level 2 payments to 2018.
21. Based on the information provided, I consider the action already taken by the Council provides a suitable remedy and we would not seek more. I cannot reasonably say Miss C would have completed both the necessary training and portfolio requirements before November 2020 (the date the Council has now backdated her Level 2 allowance) but for the fault already accepted above. We would normally consider a symbolic payment to reflect distress and uncertainty and the £1,000 offered by the Council (even when considering it was for two issues one of which does not form part of my investigation) is within the range the Ombudsman would recommend.

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Final decision

22. I have completed my investigation as I have found fault by the Council but consider the actions it has already taken provide a suitable remedy.

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Investigator's decision on behalf of the Ombudsman