Summary: We do not find the Council at fault for the way it handled Mr and Mrs X’s complaint about foster carer support. We find the Council met the complaint investigations’ recommendations.

The complaint

1. Mr and Mrs X complained the Council failed to support them when a foster child made a complaint about them. They complained the Council did not follow procedures and it ignored safeguarding concerns. Mr and Mrs X said they did not feel consulted, involved, or informed. They said this caused them distress, and impacted their mental health and finances.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may recommend a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)
4. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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What I have and have not investigated

5. Mr and Mrs X complained the Council failed to support them when a foster child made a complaint about them. Their complaint went through the statutory children’s complaints procedure.
6. The statutory children’s complaints procedure was set up to provide children, young people and those involved in their welfare with access to an independent, thorough and prompt response to their concerns. Because of this, if a council has investigated something under the statutory children’s complaint process, the Ombudsman would not normally re-investigate it.
7. However, we may look at whether there were any flaws in the stage two investigation or stage three review panel that could call the findings into question. We may also consider whether a council properly considered the findings and recommendations of the independent investigation and review panel, and whether it has completed any recommendations without delay.

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How I considered this complaint

8. I considered the information and documents provided by Mr and Mrs X and the Council. I spoke to Mr X and Mrs about their complaint.
9. Mr and Mrs X and the Council had an opportunity to comment on an earlier draft of this statement. I considered all comments and further information received before I reached a final decision.

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What I found

What should have happened

10. The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. The accompanying statutory guidance, ‘Getting the Best from Complaints’, explains councils’ responsibilities in more detail. We also published practitioner guidance on the procedures, setting out our expectations.
11. The first stage of the procedure is local resolution. Councils have up to 20 working days to respond.
12. If a complainant is not happy with a council’s stage one response, they can ask that it is considered at stage two. At this stage of the procedure, councils appoint an investigating officer to look into the complaint and an independent person who is responsible for overseeing the investigation and ensuring its independence.
13. Following the investigation, a senior manager at the council considers the investigating officer’s report and any report from the independent person. The manager decides what the council’s response to the complaint will be, including what action it will take.
14. If a complainant is unhappy with the outcome of the stage two investigation, they can ask for a stage three review by an independent panel.

What happened

15. Mr and Mrs X were foster carers. A child in their care made a complaint against them. Mr and Mrs X complained the Council failed to support them, the Council did not follow procedures, and it ignored safeguarding concerns.
16. The stage two investigation upheld or partially upheld five parts of Mr and Mrs X’s complaint but did not uphold three parts. The investigating officer made ten recommendations, including a payment to Mr and Mrs X.
17. The Council agreed with the stage two findings and recommendations. The Council asked Mr and Mrs X to give their bank details so it could make the payment.
18. Mr and Mrs X asked for stage three and refused the payment, saying it was insulting.
19. The stage three review panel changed the findings on three parts of Mr and Mrs X’s complaint to either upheld or partially upheld. The panel made seven recommendations, including updating Mr and Mrs X, reviewing the way the Council supports foster carers when complaints are made, and providing funding and support for Mr and Mrs X to choose a counselling provider.
20. The Council responded by saying how it would meet the panel’s recommendations. The Council said it would update Mr and Mrs X once the stage two recommendations were completed. It said it would hold a meeting to review its foster carers’ handbook. It offered Mr and Mrs X up to £500 for counselling and asked them to provide a quote from their chosen provider.
21. Mr and Mrs X then complained to the Ombudsman.

Analysis

22. I have investigated the stage two investigation and stage three review panel. I did not find any flaws that could call the findings into question.
23. I have considered whether the Council properly considered the stage two and three findings and recommendations, and whether it completed the recommendations without delay.
24. Largely, I am satisfied the Council completed the recommendations without delay.
25. The Council did not make the payment recommended by the investigating officer at stage two. Mr and Mrs X refused this payment. They said it was a “slap in the face”. I do not find the Council at fault for not completing this recommendation.
26. Regarding the stage three review panel’s recommendations, the Council said it did not know if it held a meeting to review its foster carers’ handbook. However, it is in the process of reviewing the handbook. So, I find the aim behind this recommendation has been achieved.
27. The Council offered Mr and Mrs X up to £500 for counselling and asked them to provide a quote. Mr and Mrs X told me by that point they did not want counselling; it was too late. For this reason, I do not find the Council at fault for not completing this recommendation.
28. The Council accepted it did not update Mr and Mrs X once it completed the stage two recommendations. This was the only recommendation I find the Council did not meet. I do not find this significant enough to be fault.
29. For these reasons, I do not find the Council at fault.
30. Mr and Mrs X said the Council’s financial offer was inadequate. They want £30,000. This is not something the Ombudsman can achieve, particularly given we find no fault in the way the Council handled the complaint through the statutory complaints procedure.
31. The stage two investigating officer recommended the Council make a payment of £500 to Mr and Mrs X “for time and trouble and in recognition of the impact of the issues that have been identified.” The Council offered Mr and Mrs X £500. They refused it.
32. I have considered whether this amount was in line with the Ombudsman’s published guidance on remedies. Our guidance sets out a maximum of £500 to remedy unnecessary and avoidable distress, frustration and uncertainty and for time and trouble in complaint handling. I find the investigating officer recommended, and the Council offered, the maximum amount that we would recommend. I therefore find the Council’s offer was in line with our guidance.
33. Mr and Mrs X said they want evidence the Council has made changes. The Council is reviewing its foster carers’ handbook and the way it supports foster carers when complaints are made against them. I am satisfied the Council has learnt from Mr and Mrs X’s complaint, and this will be reflected in the reviewed handbook.

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Decision

34. I find no fault.

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Investigator's decision on behalf of the Ombudsman