Summary: We should not investigate Mr X’s complaint about foster care issues. It is reasonable to expect Mr X to complete the Independent Review Mechanism.

The complaint

1. The complainant, whom I shall call Mr X, complains about the Council’s children services actions with the removal of foster children from his care.

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the council of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
3. 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 another body better placed to consider this complaint, or
• it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

4. I considered information provided by Mr X and the Council.
5. I considered the Ombudsman’s Assessment Code.
6. I considered Mr X’s comments on a draft version of this decision.

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My assessment

7. Mr X and his wife had been fostering one child for four years and another for over two years. They say they had been foster carers for ten years. In January 2021, following an incident, the Council removed the two children and they have not returned. The Council’s fostering panel in January 2022 recommended they be deregistered as foster carers. Mr X has appealed this decision to the Independent Review Mechanism (IRM). Mr X says the panel date is in late June 2022.
8. Mr X complained to the Council in September 2021. The Council at first accepted the complaint at stage two of the Children Act statutory complaints procedure. In March 2022, it told Mr X that it no longer considered the complaint was suitable for the statutory complaints scheme. It said this was because of the foster care de registration recommendation and the children’s ages, 19 and 13.
9. Mr X’s complaint is about the removal, the following investigation and the Council’s adherence to the fostering standards.

Analysis

10. Mr X has used his appeal right to the IRM. This appeal right is set out in law. This will look at the de registration recommendation. The IRM could recommend Mr X remain a foster carer. Mr X says his complaint is separate to the IRM appeal. He says it involves separate issues and actions.
11. It is not suitable to investigate Mr X’s complaint at the same time until the IRM has ended. It essentially covers some of the same events. Once the IRM has concluded we could potentially investigate any issues which are clearly separable.
12. Complaints made under the statutory complaints scheme are about the effect of the Council’s actions on the children. As Mr X is no longer their foster carer, we are unlikely to criticise the Council’s view that he is not the most suitable person to complain on their behalf now.
13. It is arguable that Mr X could have been a suitable person to complain on behalf of the children when he initially complained. We usually take the view that once the statutory complaint process starts it should be completed. Mr X says it has not been completed because the Council delayed in progressing it. That might be so, but, given the consent issues here, and the surrounding circumstances, it is not a case where we would be likely to criticise the Council for not pursuing the complaint within that procedure now.

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Final decision

14. We will not investigate this complaint. This is because it is reasonable to expect Mr X to complete the IRM process and we are unlikely to criticise the Council’s decision not to progress the complaint within the statutory process.

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Investigator's decision on behalf of the Ombudsman