The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision not to award Ms X the full amount of fostering payment for caring for a child.
The complaint
Ms X said the Council wrongly decided not to award her the full amount of fostering payment for caring for a child.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or we cannot achieve the outcome someone wants, or it would be reasonable for the person to ask for an organisation review or appeal.
(Local Government Act 1974, section 24A(6)) We cannot investigate a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
There are two elements to weekly fostering payments made by the Council. The child element is paid to support the child, and the foster carer element is paid to the foster carer.
A court ordered that the child should live with Ms X. The Council had to abide by the court ruling, but that is not the same as approving Ms X as a foster carer. In deciding not to approve Ms X as a foster carer, the Council could withhold the second element.
Ms X says the Council’s fostering panel’s decision was made on the grounds that she had been previously de-registered as a foster carer by another authority. Ms X says she has evidence that this is not true, but that she missed the deadline to appeal the decision because she was busy supporting the child, who had launched the court case herself. It would be reasonable to ask the Council to consider a late appeal if there is new evidence that has emerged since its original decision.
Ms X also says that the issue of payments was raised at the end of the court case. Although Ms X was not a party to the court case, it is likely that we would be unable to investigate if the issue of payments has formed part of any court proceedings regarding where the child should live.
Final decision
We will not investigate Ms X’s complaint because there is insufficient evidence of fault to warrant investigation. We could not ask the Council to make the extra payments. It would be reasonable for Ms X to ask the Council to consider a late appeal against its decision based on new evidence.
Investigator's decision on behalf of the Ombudsman