Overview:

Key to names used

• Mrs X The complainant

Summary

Mrs X complained about the Council’s decision to remove two foster children from her care. The Council has been unable to complete the statutory complaint procedure in this case. The Council claimed the fostering agency commissioned to place the children says it cannot provide all the information requested. This has caused Mrs X and her family injustice due to uncertainty and frustration at the lack of an outcome to their complaints.

Finding

Fault found causing injustice and recommendations made. The Council has failed to apply itself fully to obtaining information from the fostering agency and taking a robust approach to completing the statutory complaints process.

Recommendations

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

To remedy the injustice caused, we recommend the Council:

• apologises to Mrs X for the delay in responding to her complaints;

• pays Mrs X £500 to recognise the distress, time, trouble and frustration caused by the delay;

• arranges to obtain the outstanding information from the National Fostering Agency and the Independent Review Mechanism Panel to enable investigation of Mrs X’s stage two complaints without further delay; and

• review its information sharing arrangements with the NFA and other fostering agencies about unfettered access to personal data relating to children it has placed in foster care. The Council should take whatever formal steps it can to encourage the organisation responsible to make any appropriate changes to the cross-borough independent foster care contract the Council uses to strengthen the information sharing clauses.

The Council has accepted our recommendations.

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