Summary: We will not investigate this complaint about the Council’s decision to withdraw approval of Miss X and her partner Mr Y as foster carers following an annual review. This is because we would be unlikely to find fault with the Council’s actions.

The complaint

1. Miss X complained the Council decided to withdraw approval of her and her partner Mr Y as foster carers following an annual review, without warning. This resulted in her foster children being removed from her care.

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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 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 continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B)

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How I considered this complaint

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

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My assessment

5. The Council approved Miss X and her partner Mr Y as foster carers in 2020 and they looked after child S and child P for several years. Both the Council and Miss X acknowledge that they shared a difficult working relationship.
6. In 2022 the Council began an annual review of Miss X and Mr Y following various concerns regarding S and P and their home environment. The review caused Miss X and Mr Y distress and Miss X complained that the process was negatively affecting their mental health. Miss X also complained that a fostering review report contained biased and untrue information about them.
7. The Council met with Miss X and Mr Y to discuss the review and they both explained that the review process was negatively affecting them, but agreed to proceed with support.
8. However, following further meetings between the Council and Miss X and Mr Y, the Council noted more concerns regarding the children’s wellbeing and allegations made by the children. The Council also noted that Miss X and Mr Y had been unwilling or unable to engage with professionals at times, had repeatedly asked for the review process to be stopped, would not engage with recommended training, and appeared to be experiencing extreme distress due to the review.
9. In light of the serious concerns raised, the Council decided it was not in S and P’s interests to remain in the care of Miss X and Mr Y and the review culminated in the Council terminating its approval of the foster placement. The children were removed from Miss X and Mr Y’s care shortly afterwards.
10. Miss X remains unhappy with the Council’s management of this situation and is particularly dissatisfied with the Council’s decision to remove the children without prior notice or communication. It is understandable that Miss X and Mr Y have been caused upset by this matter. However, the Council has provided its fostering review report, and detailed information regarding the independent review process. I have reviewed this information and I am satisfied the Council has acted in line with statutory guidelines, relevant safeguarding process, and the children’s best interests. It is therefore unlikely that an investigation would amount to a finding of fault on the Council’s part as the Council was required by law to prioritise the children’s wellbeing and safety in this matter.

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Final decision

11. We will not investigate Miss X’s complaint because we would be unlikely to find fault with the Council’s actions.

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Investigator's decision on behalf of the Ombudsman