Summary: Mr and Mrs B complained about the Council’s handling of their application to become respite foster carers. They say the Council unreasonably refused their application despite the fact they have fully cooperated with the process and given as much as information as they can. We do not find fault with the Council’s decision making.

The complaint

1. Mr and Mrs B complained about the Council’s handling of their application to become respite foster carers. They say the Council unreasonably refused their application despite the fact they have fully cooperated with the process and given as much as information as they can.
2. Mr and Mrs B say the matter has caused distress and upset. They say the Council has unfairly prevented them from helping parents and disabled people.

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The Ombudsman’s role and powers

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

5. I considered information from Mr and Mrs B. I made written enquiries of the Council and considered information it sent in response.
6. Mr and Mrs B and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

Assessment of prospective foster carers

7. The Assessment and Approval of Foster Carers: Amendments to the 1989 Guidance and Regulations July 2013 (the guidance) sets out the process of approving foster carers.
8. The guidance states when a person applies to become a foster carer, the fostering service may assess their suitability to foster (stage one of the assessment). Regulation 26(1A) requires the fostering service to get information about children in the applicant’s family (whether or not they are members of the household). The fostering service should get this information as soon as possible.
9. The Fostering Services (England) Regulations 2011 (the regulations) states the fostering service must get information from the applicant about their previous experience of caring for their own and other children and any other information they feel is relevant regarding other members of the applicant’s family.

What happened

10. Mr and Mrs B contacted the Council in April 2023 and registered their interest in becoming foster carers. The Council had a telephone call with Mr and Mrs B the following week. Mr and Mrs B gave an overview of their background and experience of working with children and adults with disabilities. They explained their son (Mr X) had a relationship with his former teacher (Mrs X) when he was at school. Mr X later got married to Mrs X.
11. The Council visited Mr and Mrs B in May to get some further information. The Council explained it would need to interview Mr X. Mrs B said the questions it asked Mr X could trigger old memories which could impact his relationship with her and Mr B. The Council noted it would need to carefully plan any interview with Mr X.
12. The Council visited Mr and Mrs B again in early June as part of the assessment process. The Council discussed getting a reference from Mr X. Mr B said he felt uncomfortable about it. He and Mrs B agreed they would think through what to do next.
13. Mr and Mrs B emailed the Council after the visit. They provided some sensitive historic documents about Mr X’s relationship with Mrs X. They said they understood the need for proper scrutiny, but revisiting the issue with Mr X was causing some distress.
14. The Council had a further assessment visit at Mr and Mrs B’s house at the end of June. The Council again discussed getting a reference from Mr X. Mr B said he was worried the Council thought he and Mrs B had not protected Mr X. The Council explained the assessment process and said it was important it verified information they provided and got a reference from adult children.
15. The Council emailed Mr and Mrs B in July. It said it would need a timeline of events to verify the information they shared about Mr X.
16. The Council visited Mr and Mrs B a few days later. It explained the difficulties in progressing the assessment and verifying the information they provided about their fragile relationship with Mr X. It said it needed to get Mr X’s perspective, but it was concerned about the impact this would have on his relationship with Mr and Mrs B. It said Mr and Mrs B could write their account of events and it could send it to Mr X for verification. Mr and Mrs B said this could evoke painful memories and be damaging. They said going through old documents was painful and they did not think they could provide further information. The Council told Mr and Mrs B it would consider the next steps.
17. The Council phoned Mr and Mrs B the following week. It said it could not continue with the assessment as it needed Mr X’s perspective of his contact and relationship with Mr and Mrs B. This had the potential to have a negative impact given their fragile relationship. It sent a closing letter after the call and said it is important it considers the welfare of applicants and their family when completing assessments. It said it shared Mr and Mr B’s concerns about contacting Mr X and the distress it would cause.
18. Mr and Mrs B complained to the Council in August. They said it denied them the opportunity to provide a person with complex needs respite care. They said Mr X was supportive of their application to become foster carers, but officers would need to approach him some sensitivity.
19. The Council responded to Mr and Mrs B’s complaint. It said any discussions with Mr X could not ignore his perspective of what happened in the past and his current contact with Mr and Mrs B. It said it considered getting a timeline from Mr and Mrs B setting out their contact with Mr X from him leaving school to now. It said it then considered asking Mr X to verify the information in the timeline. However, it decided it was not responsible to follow that course of action given the fragile relationship and the impact it would have on the family.
20. Mr and Mrs B sent a further letter to the Council. They said it was unachievable for them to get information going back 20 years. They also said it had not justified why their situation with Mr X was relevant to being able to foster someone with severe learning difficulties. After further exchanges of correspondence, the Council explained stage one of the fostering assessment includes gathering details of all children in the applicant’s family. It said it could not complete this because of the complexity and sensitivity of the situation.
21. Mr and Mrs B spoke to a councillor about their issues with the Council the following year. The Council sent a letter to Mr and Mrs B in March 2024 after speaking with the councillor. It said while it still had concerns about getting a timeline and then confirming it with Mr X, it recognised they all agreed they wish to proceed. It said asked them for confirmation so it could advise of the next steps.
22. Mr and Mrs B responded to the Council’s letter and said they made it clear from the start Mr X was supportive of their fostering application and he was aware it would contact him. The Council responded and said it understood Mr X was willing to be contacted. However, it needed assurance that as a family they understood the need to verify information and seek the views and perspective of referees. It asked them to confirm if they were willing to provide the timeline, and whether they agreed for it to send it to Mr X. Mr and Mrs B responded and said they had provided as much information as they could.

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Analysis

23. The guidance and regulations state as part of the fostering assessment process councils must gather information about children in the applicant’s family. Councils must also gather details of previous experience the applicant has caring for their own children and any other information they feel is relevant. In Mr and Mrs B’s case, the Council reviewed the historic documents they provided. However, it decided this was not sufficient to explore Mr and Mrs B’s relationship with Mr X historically and currently. It asked Mr and Mrs B for a timeline of their relationship with Mr X. It said it would need to share the timeline Mr X. The Council’s decision to seek more information was down to the professional judgement of officers in light of the guidance/regulations and circumstances of the case. Therefore, while I appreciate Mr and Mrs B are unhappy about it, it is not a decision I can criticise.
24. Mr and Mrs B said they were happy for the Council to contact Mr X with some sensitivity. However, they did not confirm their agreement to write a timeline and for the Council to verify this with Mr X. They expressed their concerns about their fragile relationship with Mr X and the painful memories writing a timeline would evoke. The Council considered the matter and shared Mr and Mrs B’s concerns. It decided not to continue with the assessment because it did not have all the relevant information it needed, and asking for the timeline would have a negative impact on an already fragile relationship. That was a decision the Council was entitled to take considering the difficult circumstances of the case. I do not find fault.
25. The Council has recently written to Mr and Mrs B. It explained while it still has concerns about the impact getting a timeline (and sharing this with Mr X) will have, it is willing to continue with the assessment if all parties agree. Mr and Mrs B have not provided their consent to continue in those terms. While I sympathise with Mr and Mrs B and their difficult situation, it remains open to them to return to the Council and provide the information it needs.

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Final decision

26. I have completed my investigation. The Council was not at fault.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman