Summary: We will not investigate Ms X’s complaint about the Council’s management of Y and J’s foster care placement. This is because an investigation would be unlikely to result in a different outcome.

The complaint

1. Ms X complains on Y and J’s behalf that the Council failed to appropriately manage their foster care placement and provide a suitable education for several months.
2. She said the Council’s actions have caused Y and J distress and upset.

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The Ombudsman’s role and powers

3. 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:

• we could not add to any previous investigation by the organization, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6))

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How I considered this complaint

4. I considered information provided by Ms X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Y and J are siblings and were made subject to a care order several years ago.
   Ms X is a family friend and has brought this complaint on their behalf.
7. Ms X made various complaints to the Council about Y and J’s experience of foster care, citing failure to appropriately manage their transition between foster carers and significant delays in arranging educational provision for them.
8. The Council carried out an investigation in line with the statutory children’s complaints procedure and upheld the majority of Ms X’s complaint points.
   The Stage 3 panel recommended a range of remedies to address the identified fault including an apology, training for its staff and a financial payment of £1175 for each of the children.

• Ms X has brought the complaint to us because she remains unhappy with the situation and believes the Council should provide further remedies. The Ombudsman will not reinvestigate a complaint that has completed the statutory children complaints process if the evidence shows it was carried out correctly. There is no evidence the Council’s investigation was flawed.

9. Additionally, the Council has put forward suitable remedies to address the injustice Y and J experienced due to is actions, which are in line with the Ombudsman’s guidance on remedies.

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Final decision

10. We will not investigate Ms X’s complaint because an investigation would be unlikely to result in a different outcome.

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Investigator's decision on behalf of the Ombudsman