Birmingham City Council (25 009 881)
Category : Children's care services > Fostering
Decision : Closed after initial enquiries
Decision date : 22 Nov 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about events which took place in the course of the breakdown of a foster placement in February 2024. The complaint is late and there are no good reasons for us to consider it now.
The complaint
- The complainant, Miss X, complains that the Council’s social worker attended her home earlier than she had been notified and entered the property without her presence or permission, causing her and her daughter distress.
The Ombudsman’s role and powers
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
- I considered information provided by the complainant.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The complainant is a foster carer. Her complaint concerns events which occurred in the course of the breakdown of the placement of a young person with her in February 2024.
- In her complaint to the Council, Miss X stated that she had concerns about the young person’s social worker which she had raised with the Council during the placement. She said she had not been made aware of the young person’s wish to end the placement until the day she moved, which she regards as unreasonable.
- On the day of the move the young person’s social worker told Miss X that he would attend her home at 4pm. Although Miss X had no prior notice of the visit or of the end of the placement, she made arrangements to be at home before 4pm to facilitate the process.
- In the event, the social worker attended at 3pm and was given entrance by the young person. Miss X’s 15 year-old daughter was at home and unaware of the visit. Miss X told the Council that the unannounced presence of a lone male in her home frightened and distressed her daughter. She complained that the social worker’s decision to enter her home without permission had caused her and her daughter significant trauma and distress.
- The Council upheld Miss X’s complaint in full. It accepted that it was at fault as Miss X alleged and apologised. Miss X does not believe the Council’s response provides appropriate resolution.
- The Ombudsman will not investigate Miss X’s complaint because it is late. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. The restriction applies from the point at which the event giving rise to the complaint took place, which was in this case February 2024. Miss X came to the Ombudsman in August 2025, so her complaint is late.
- There are no good reasons for us to consider the complaint now. The Council informed Miss X of its final position in August 2024 and directed her to the Ombudsman at that point. It would therefore have been possible for her to complain to us well within 12 months of February 2024. She did not do so until more than 11 months after the Council’s final response. That being the case, we will not investigate her complaint.
Final decision
- We will not investigate Miss X’s complaint because it is late and there are no good reasons to consider it now.
Investigator's decision on behalf of the Ombudsman