Summary: We will not investigate this complaint about the Council’s fostering application process. It is unlikely we would find enough significant Council fault to warrant further investigation.

The complaint

1. Mr X complained the Council used an historic allegation in his fostering application.
2. Mr X says inaccurate records were used to reach the decision.
3. Mr X says this has caused distress and worries it will affect future fostering applications.

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The Ombudsman’s role and powers

4. 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)
5. We normally expect someone to refer the matter to the Information Commissioner if they have a complaint about data protection. (Local Government Act 1974, section 24A(6), as amended)

How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X was told by the Council his fostering application would not continue in November 2022.
9. Mr X complained to the Council in June, August and again in November 2023 about how the decision was made using historic allegations and inaccurate information. The Council replied using its complaints procedure.
10. The Council replied to Mr X’s stage three complaint in March 2024, and May 2024 advising it was not upheld and the reasons for the decision.
11. The Ombudsman is not an appeal body. This means we do not take a second look at a decision to decide if it was wrong. Considering the Fostering Regulations, we are unlikely the Council was at fault in considering the historic allegation.
12. There is a delay in the Council’s response at stage three of its complaint’s procedure, it has apologised for this, and has put training in place. As we cannot investigate the substantive complaint, it is not a good use of public resources to investigate how the Council dealt with Mr X’s complaint.

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Final decision

13. We will not investigate Mr X’s complaint because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman