The Ombudsman's final decision
Summary: We will not investigate this complaint about the actions of Council social workers towards the complainant and the children in her care because we cannot achieve anything significant by doing so.
The complaint
The complainant, who I will refer to as Mrs B, complains that the Council was at fault in its actions towards her as a foster carer and the children in her care. She further complains the Council failed to properly investigate her complaint about its actions.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs B and her late husband were approved as foster carers for two children. When Mr B passed away, Mrs B continued to care for the children. She complains that the Council failed to provide her with appropriate support and unreasonably pursued unfounded allegations against her. She contends that, as a result of a social worker’s actions towards her, she was compelled to resign as a foster carer and lost care of the children.
The Council considered Mrs B’s complaint under the statutory procedure for complaints about children’s services. It was upheld in part. Mrs B complains about the outcome, and believes the investigating officer relied too heavily on interviews, rather than evidence contained in the Council’s files.
Mrs B wants the Council to enable her to re-establish a relationship with the children. She also wants them to be told they have been lied to and compensated for this.
The Ombudsman will not investigate Mrs B’s complaint. This is because it is unlikely we could add anything significant to the findings of the investigation which has already been carried out. Neither can we achieve the outcomes Ms B is seeking.
The complaint has completed the procedure provided in law to consider such matters. The Stage 2 findings were tested at Stage 3 and two of them were changed. The Council has accepted the Stage 3 findings and recommendations in full.
Mrs B disagrees with the outcome of the complaints procedure but that does not mean it is flawed. The evidence shows that Mrs B had the opportunity to make her case and that it was properly considered at Stages 2 and 3. The findings appear reasonable and defensible and there is no prospect that intervention by the Ombudsman would add anything to them, or lead to a different outcome. Investigation is not warranted.
Neither can we achieve the outcome Mrs B wants. It is not for the Ombudsman to comment on what is in the interests of the children.
Final decision
We will not investigate Mrs B’s complaint because we cannot achieve anything significant by doing so.
Investigator's decision on behalf of the Ombudsman