Summary: We will not investigate this complaint about the circumstances in which a foster placement came to an end, and about the subsequent standards of care investigation. This is because investigation by the Ombudsman would not lead to a different outcome.

The complaint

1. The complainant, Mr X, complains that failures on the Council’s part led to the breakdown of the long-term foster placement of a young person placed with him and his wife. He further complains that the subsequent standards of care investigation 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 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:

• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

(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 the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X and his wife were foster carers for a young person. They gave the Council notice of their intention to terminate the placement. Mr X says this decision was because of fault on the Council’s part, which he says amounted to misconduct.
6. Before the placement ended, an allegation was made which led to a standards of care investigation. The outcome was that the allegation was held to be unsubstantiated. Mr X complains that the investigation was flawed.
7. Mr X wants an investigation of the period leading to the breakdown of the placement. He wants acknowledgement that the Council was responsible for the outcome.
8. The Ombudsman will not investigate Mr X’s complaint. This is because there is no prospect that our intervention would lead to a significantly different outcome. The Council substantially upheld the complaint and has accepted that it was at fault. When a complaint has already been upheld, it is not a good use of public funds for the Ombudsman to reinvestigate it and we will not do so. Even if we were to do so, there is no prospect that the outcome would be different, as it is not for us to establish responsibility for the ending of the placement.

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Final decision

9. We will not investigate Mr X’s complaint because investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman