Summary: We will not investigate this complaint the Council did not send an apology as agreed. The Council has said it will send the apology. Further investigation would not lead to a different outcome.

The complaint

1. Mrs X complained the Council had not supported her to maintain contact with her children after the Court placed them on a Care Order. She said it had not increased the frequency or length of contact. she said despite completing parenting courses, the Council was not supporting her in having the children returned to her and her husband’s care. she also said the Council had not ensured it was meeting her children’s religious needs whilst they were in foster care.
2. Mrs X said the Council had investigated her complaint but not provided an apology as agreed. She was also unhappy with the outcome of a return home assessment. Mrs X said the Council’s actions had caused her anxiety and distress. She wants it to return her children to her and her husband’s care.

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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:

• further investigation would not lead to a different outcome.

(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 and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council investigated Mrs X’s complaint at stage one and stage two of the children’s statutory complaints procedure. At stage two it upheld some parts of the complaint; these were around not arranging therapeutic support for one child and for failing to encourage them with their culture and religion. The Council agreed to write an apology to Mrs X. The Council explained Mrs X could ask for a stage three panel if she was unhappy with the outcome of the stage two findings. It was reasonable for Mrs X to ask for a stage three panel if she disagreed on the complaints the Investigating Officer did not uphold.
7. Following the stage two response, the Council met with Mrs X to discuss the outcome of her complaint. It did not send out an apology letter as agreed. It has now agreed to do this. Therefore, we will not investigate this part of Mrs X’s complaint, as further investigation would not lead to a different outcome.
8. The Council also completed an updated child and family assessment and a return home assessment. It met with Mrs X to discuss the outcome of this assessment and to road map the next steps. If Mrs X is unhappy with the outcome of the return home assessment, she would need to make a new complaint to the Council before we could consider it. Once she has exhausted the complaint procedure, she can return to the Ombudsman.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman