Summary: We will not investigate this complaint about the complainant’s deregistration as a foster carer. This is because another body is better placed than the Ombudsman to do so.

The complaint

1. The complainant, Mr X, complains that the Council has been at fault throughout the process of reviewing his suitability as a foster carer and has made a flawed decision to deregister him.

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The Ombudsman’s role and powers

2. 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 the complaint. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mr X has been deregistered as a foster carer. He complains that the Agency Decision Maker’s decision to deregister him was flawed, as was the process leading to the decision. He further complains that the Council delayed informing him that it would address his complaint through its corporate procedure, rather than the statutory procedure.
6. The Ombudsman will not investigate Mr X’s complaint because there is another body better placed to consider the substantive matter. Foster carers may ask the Independent Review Mechanism (IRM) to review a decision to recommend deregistration. While the IRM cannot overturn a decision to deregister, neither can the Ombudsman. The IRM is the body set up to consider such matters and is better placed than the Ombudsman to do so.
7. It is not a good use of public resources to investigate complaints about complaint procedures, if we are unable to deal with the substantive issue. We will not therefore investigate how the Council responded to Mr X’s complaint.

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Final decision

8. We will not investigate Mr X’s complaint because another body is better placed than the Ombudsman to do so.

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Investigator's decision on behalf of the Ombudsman