The Ombudsman's final decision
Summary: We will not investigate this complaint about the decision to deregister Ms X as a foster carer. This is because the complaint relates to events that took place more than 12 months ago and it would have been reasonable for Ms X to bring the complaint to us sooner.
The complaint
Ms X complained the Council’s decision to deregister her as a foster carer was based on false allegations.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended) 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: it would be reasonable for the person to ask for a council review or appeal.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained to the Council after an annual foster carer review held in May 2022 determined that she should be deregistered as a foster carer.
The Council issued its final response in March 2023 explaining that Ms X had had right of appeal against the decision following the review but did not use it. The Council offered Ms X a £200 financial payment in recognition of the delay in responding to her complaint.
Ms X has brought her complaint to the Ombudsman as she remains unhappy with the decision. The Ombudsman will not usually exercise discretion to investigate complaints that took place this long ago unless there are good reasons for the delay. In this case, the events complained about took place over two years ago; it therefore would have been reasonable for Ms X to refer the matter to us sooner.
In addition, the Ombudsman will not usually investigate complaints where the complainant has right of appeal against the decision they are complaining about. The evidence indicates that Ms X was made aware of her appeal rights regarding the review but has not used it.
Final decision
We will not investigate Ms X’s complaint because the complaint relates to events that took place more than 12 months ago and it would have been reasonable for Ms X to bring the complaint to us sooner.
Investigator's decision on behalf of the Ombudsman