Summary: We will not investigate this complaint about how foster carers spent Disability Living Allowance. The council has already examined Miss X’s complaint under the children’s statutory complaints procedure, and further investigation would not lead to a different outcome, so it is not warranted.

The complaint

1. Miss X complains her foster carers spent her Disability Living Allowance (DLA) without consulting her. Miss X also complains about how the Council responded to her concerns. Miss X says, because of this, she has not learnt how to manage money, and it has impacted her mental health. Miss X wants the Council to refund the money that was spent without her input.

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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 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

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. Miss X complained to the Council about how her DLA was spent and about how the Council communicated with her about her concerns. The Council considered Miss X’s complaint through all three stages of the statutory children’s complaints procedure. The investigation found no fault in how the foster carers spent the DLA but upheld Miss X’s complaint about communication. The stage three review panel recommended an apology to Miss X and service improvements, and the Council has an action plan to fulfil the recommendations.
6. If a complaint has already been through the three-stage statutory children’s complaints procedure, this means the complainant has already had access to an independent investigation. It is not our role to reinvestigate, unless there were flaws in the earlier investigation which affected the result. I have looked at the investigation papers, but I have not seen evidence of flaws affecting the outcome of the investigation. I am satisfied the Council has properly considered Miss X’s complaint so further investigation by us would be unlikely to lead to a different outcome.

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Final decision

7. We will not investigate Miss X’s complaint. The council has already examined Miss X’s complaint under the children’s statutory complaints procedure, and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman