Summary: Mr X was a foster carer for his brother. He complained about the support he received when his brother made allegations against him and the Council ended his fostering payments. There is no fault in the support offered or the Council’s decision to end his fostering payments.

The complaint

1. Mr X was a foster carer for his brother. He complained about the support he received when his brother made allegations against him and the Council ended his fostering payments. He is concerned for his brother’s welfare.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. 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)
3. We consider whether there was fault in the way an organisation made its decisions. If there was no fault which calls the decision into question, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I have considered information provided by Mr X and the Council.
5. I have considered the Council’s response to Mr X’s complaints about the support and payments he received following his brother’s allegations.
6. I have not investigated B’s allegations against Mr X. These were matters for the Council and the Police to investigate.
7. I have not investigated the decision to end B’s placement with Mr X. As I understand it, it was B’s decision not to return.
8. I have not investigated Mr X’s concerns about B’s welfare. While I acknowledge the strength of his feelings, I will not investigate matters which concern B since he can complain himself if he is unhappy.
9. I invited Mr X and the Council to comment on my draft decision.

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What I found

10. Mr X was a foster carer for his brother, B.
11. On 29 February 2024, B alleged Mr X had emotionally and physically harmed him. He asked the Council to accommodate him. He did not return to Mr X’s care. B’s allegations were the subject of investigations by the Council and the Police.
12. Mr X complained to the Council about his experiences. The Council responded at both stages of its complaints process.
13. The Council held a Standards of Care Meeting on 7 June 2024. Mr X and B gave conflicting accounts. Following the meeting, the Council decided to recommend Mr X’s de-registration as a foster carer because B would not return to his care.

Support following B’s allegations

14. Mr X complained he did not receive adequate support when he became the subject of an investigation following B’s allegations. He says he found events traumatic and would have appreciated emotional support.
15. The Council’s complaint responses set out the contact between Mr X and Council officers following the allegations. I am satisfied Council officers, including Mr X’s supervising social worker, provided appropriate support.
16. The Council sent me invoices for independent support it purchased for Mr X from the Fostering Network, including support to attend a recent Fostering Panel. The Fostering Network provides independent support to foster carers.
17. The Council acknowledged it would have been helpful to have provided Mr X with written information about the allegations. The Council also acknowledged it needed to explore access to emotional support.
18. I am satisfied with the support provided and the Council’s response to Mr X’s complaint. I agree with the Council that providing written information to foster carers who are the subject of allegations would be helpful.

Financial support following B’s removal

19. Mr X explained that he faced financial difficulties when he stopped receiving fostering allowance.
20. The Council’s Fostering Handbook says,

“If the foster carer is suspended from taking placements, consideration will be given to paying a retainer. This is a discretionary payment. If approved, it consists of the usual Fostering Fee, paid for a maximum of 16 weeks, unless the decision regarding the carer’s suitability is made sooner.”

21. The Council paid fostering fees for two weeks after B left, and made a one-off payment to Mr X for a month’s rent.
22. Mr X believes he should be paid fostering fees for the full 16 weeks.
23. The Council’s complaint investigation concluded that any payment was a matter of discretion and therefore the investigator ‘could not find fault’.
24. This is not necessarily true.
25. When a Council makes a discretionary decision, it must explain to the person concerned how it considered their individual circumstances and document the rationale and reasons for its decision. Records should clearly explain how the Council considered the information and evaluated the facts to reach its decision.
26. There are no records of the Council’s decision to end Mr X’s payments after two weeks.
27. In response to my enquiries, the Council explained there was a verbal discussion between a Service Manager and Head of Service who were the decision-makers. The Council said it had subsequently explained the decision to Mr X in its complaint response.
28. Having read the Council’s complaint response, my understanding is that the Council ended payments to Mr X before the conclusion of the Council or Police investigations, and before the maximum 16 weeks the Council could pay fees, because B had made it clear he would not return to Mr X’s care. The Council is under no obligation to pay fostering fees in these circumstances.
29. So, although not properly recorded, there is no fault in the Council’s decision.

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Final decision

30. I have ended my investigation. I am satisfied the Council provided support to Mr X following B’s allegations, and there is no fault in its decision to end fostering payments after two weeks.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman