Durham County Council (23 008 128)
Category : Children's care services > Looked after children
Decision : Closed after initial enquiries
Decision date : 03 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint about Miss X’s child’s wellbeing in foster care. Miss X’s complaint follows previous complaints to us, all of which are essentially disputing the Council’s decision about where the child should live, which was subject to a court order. Miss X has a right it would be reasonable to use to go to court to seek changes to her child’s residence arrangements.
The complaint
- Miss X said the Council failed to respond to her request to carry out a welfare check on her child in foster care. She says she has concerns about her child’s welfare.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Miss X’s complaint comes in a context of three previous complaints to us since 2020, complaints 19 018 816, 22 002 985, and 23 001 077. In these complaints, she has said the Council lied in court and denied her information about her child. The recent correspondence with the Council that Miss X provided shows the Council has declined to give her contact details and to accept further complaints from her. The correspondence also shows that Miss X’s wish is for her child to be returned to her. We found in complaint 22 002 985 that the Council had told her that her child was safe and well, and that she would need to go to court to seek a change in the child’s residence arrangements.
- It is clear that what Miss X wants could only be achieved by going to court.
Final decision
- We will not investigate Miss X’s complaint because the outcome she wants could only be achieved by using her right to go to court. Therefore, it would be reasonable for her to do so.
Investigator's decision on behalf of the Ombudsman