Summary: We will not investigate this complaint from Mrs X, made on behalf of Ms Y, about the Council’s actions relating to a historic fostering placement. This is because, there is not enough evidence of fault in the Council’s decision-making process to warrant further investigation.

The complaint

1. Mrs X complains that the Council failed to properly safeguard her children during a fostering placement over a decade ago. She says the Council did not adequately assess risks, did not share relevant information, and prioritised the safeguarding of the fostered child over her own children. Mrs X says she only became aware of the abuse recently, following disclosure by her daughter.

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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))
3. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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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. Mrs X complains about events which occurred more than a decade ago during a fostering placement. The Council considered whether it should accept the complaint under the statutory children's services complaints procedure despite the significant delay in bringing it.
7. The statutory children's services complaints procedure is the appropriate process for complaints of this nature. However, councils are not required to consider complaints made more than 12 months after the matters complained of, although they may exercise discretion to accept late complaints in some circumstances.
8. The Council decided not to accept Mrs X's complaint. It explained that it did not consider it possible to investigate the complaint effectively because of the passage of time. It said relevant records were limited and that many of the staff involved were no longer employed by the Council.
9. The Council was entitled to reach this decision under the statutory guidance. While Mrs X says she only became aware of the alleged abuse recently, I have seen no evidence the Council failed to consider the relevant factors or otherwise acted with fault when deciding not to accept the complaint outside the normal time limit.
10. We will not investigate Mrs X’s complaint because there is not enough evidence of fault to justify our involvement.

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Final decision

11. We will not investigate this complaint because there is not enough evidence of fault in the Council’s decision-making process to justify our involvement.

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Investigator's decision on behalf of the Ombudsman