Summary: We will not investigate this complaint about the Council’s decision not to proceed with a foster placement. This is because we cannot achieve anything significant by doing so.

The complaint

1. The complainant, who I will refer to as Miss X, complains that the Council’s decision not to place a child with her and her partner for long-term foster care was flawed.

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The Ombudsman’s role and powers

2. 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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

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

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My assessment

5. Miss X and her partner are Council foster carers. Miss X’s complaint relates to the Council’s actions in respect of a child, who I will refer to as Y. Miss X and her partner cared for Y on a short-term basis until he moved to a long-term placement.
6. Miss X and her partner later learned that the placement was breaking down and offered to foster Y on a long-term basis. The Council agreed. Y was informed of the plan and the transition phase commenced. The Council subsequently decided not to proceed with the placement.
7. Miss X complains that the decision not to proceed with the placement was flawed. She says the Council failed to properly communicate its thinking on the matter and failed to address its concerns with her and her partner before making its decision. She says the Council’s actions have caused her and her partner unnecessary distress, and she is concerned about the impact on Y’s wellbeing.
8. The Ombudsman will not investigate Miss X’s complaint. This is because we could achieve nothing significant by doing so. The Council has accepted that it was at fault in terms of how it communicated with Miss X and has apologised. There is nothing to be gained from the Ombudsman reconsidering any aspect of a complaint which has already been upheld.
9. At the heart of the complaint is the decision not to proceed with the placement. The Council does not agree that it was at fault here. This is not a matter on which the Ombudsman can express an opinion. Miss X disagrees with the Council’s decision, but it is a matter for the professional judgement of the officers concerned. It is not for the Ombudsman to criticise that judgement, or intervene to substitute an alternative view.

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Final decision

10. We will not investigate Miss X’s complaint because we cannot achieve anything significant by doing so.

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Investigator's decision on behalf of the Ombudsman