Summary: We will not investigate Mr and Ms X’s complaint about how the Council handled child protection enquiries. This is because there is not enough evidence of fault to justify an investigation.

The complaint

1. Mr and Ms X complain the Council carried out child protection enquiries into allegations against them without their involvement. They say the Council referred them to the Disclosure and Barring Service even though the allegations were not substantiated and the child denies making the allegations.

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The Ombudsman’s role and powers

2. 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

We cannot say there is no fault without investigating.

I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr and Ms X were foster carers. They had four children placed with them. In February 2024, the Council removed two of the children due to concerns about standards of care. In May, the Council removed the other two children.
6. In July 2024, one of the children made allegations of emotional and physical abuse against Mr X. The allegations were investigated and substantiated. Mr and Ms X say the child denied making these allegations. The allegations were corroborated by the child’s brother, a teacher and the fostering agency.
7. Mr and Ms X complain the Council decided not to involve them in its investigation. Mr and Ms X say it did not give them an opportunity to address the allegations against them. There was no legal requirement for the Council to tell Mr and Ms X about the allegations or offer them the right of reply.
8. The allegations against Mr and Ms X were substantiated. The foster care agency had a legal duty to make a referral to the Disclosure and Barring Service.
9. The Ombudsman is not an appeal body. We look at whether a council followed its process correctly to make its decision. If the Council followed its process correctly, we cannot question that decision even if a complainant disagrees with it. I see no evidence of fault in how the Council reached its decision not to involve Mr and Ms X in the investigation of the allegations.

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Final decision

10. We will not investigate Mr and Ms X’s complaint because there is not enough evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman