Summary: We will not investigate this complaint about how the Council has dealt with Ms X’s request for contact with a child in foster care. This is because there is not enough evidence the Council is at fault to warrant an investigation.

The complaint

1. Ms X complains about the way the Council has dealt with her requests to maintain contact with a child previously fostered by her son.
2. Ms X says the Council has caused distress and frustration. She would like the Council to reconsider its decision.

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The Ombudsman’s role and powers

3. 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

4. I considered information provided by the complainant.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council has told Ms X it will not facilitate contact between Ms X and a child her son previously provided foster care for.
7. The Council has declined to respond to Ms X’s complaint about this decision as it says she does not have parental responsibility for the child it relates to.
8. If we were to investigate this complaint it is unlikely we would find the Council at fault as it has made a decision it is entitled to make.
9. As a publicly funded body we do not carry out investigations where the alleged fault does not justify it.

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Final decision

10. We will not investigate Ms X’s complaint because there is insufficient evidence the Council is at fault to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman