Rochdale Metropolitan Borough Council (24 005 150)
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the Council’s fostering services. The Council has agreed to consider the complaint through the children’s statutory complaint procedure. That is an appropriate resolution to the complaint; it would not be proportionate for us to investigate.
The complaint
- Mr X complained about the Council’s fostering service after it placed a young person in his and his wife’s care. He said the young person stayed longer than agreed which meant his wife could not work. He said the Council did not provide a fostering handbook and failed to communicate about necessary training. He said the Council also incorrectly shared personal information. Mr X said his experience left him and his wife resigning as foster carers. He wants the Council to investigate what happened, improve staff training and provide a financial reimbursement.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. Mr X was a foster carer, and his complaint is about how the Council supported him as a foster carer and decisions it made about the placement of a young person in his care. That means the Council should have followed the statutory procedure when responding to his complaint. It did not do this. Therefore, if we were to investigate it is likely we would find fault causing Mr X injustice.
- We therefore asked the Council to investigate his complaints from stage two of that procedure. To its credit, the Council agreed. The whole stage two process should be completed within 25 working days, but guidance allows an extension for up to 65 working days where required. The Council has agreed to start the stage two process from the date we issue our final decision.
Final decision
- We will not investigate Mr X’s complaint because the Council has agreed to resolve the complaint by completing the children’s statutory complaints procedure. It would not be proportionate for us to investigate.
Investigator's decision on behalf of the Ombudsman