Summary: We have discontinued our investigation into Mrs B’s complaint about how she was deregistered as a foster carer. She still has a right of complaint to the Council, so we cannot investigate further.

The complaint

1. The complainant, whom I refer to as Mrs B, complains about how her fostering agency deregistered her as a foster carer. She also complains about how the Council dealt with safeguarding concerns about her.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply (Local Government Act 1974, section 26(5), section 34(B)6))

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How I considered this complaint

3. I considered information from Mrs B and the Council. Both had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

4. Mrs B was a foster carer for a private fostering agency. After she resigned, the agency deregistered her in September 2022. Although she resigned, the agency told her it would have deregistered her anyway because of concerns it had about her.
5. It appears that, at some point, Mrs B’s case was referred to the Council’s officer who manages and oversees allegations against people who work with children. These officers are routinely referred to as local authority designated officers (LADOs).
6. Mrs B wrote to the LADO and submitted information which, in her view, raised questions about how her case had been handled (presumably by both the LADO and the fostering agency). The LADO responded in early June 2023, saying the new information did not change anything.
7. Mrs B then contacted us directly. It appears she did not pursue her complaints about either the LADO or the fostering agency as formal complaints.
8. This means the Council has not been given a proper opportunity to investigate Mrs B’s complaint and to reply.
9. The Council now says it is prepared to look at Mrs B’s complaint about the LADO. This is a reasonable course of action. Consequently, the Ombudsman cannot get involved with the complaint.
10. If she wishes, Mrs B can now make her complaint directly to the Council. It will then be for the Council to process the complaint in line with the relevant procedure.
11. If Mrs B makes a complaint to the Council about the fostering agency as well as the LADO, then the Council should also deal with this complaint in line with the relevant procedure. This is because the agency’s actions remained an administrative function of the Council which was simply being performed on its behalf by a private provider.

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Final decision

12. I have discontinued my investigation.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman