Summary: We will not investigate the Council’s responses to Mr X complaining the Council is poaching carers from his private foster care agency. This is because the complaint does not meet the tests in our Assessment Code on how we decide which complaints to investigate. There is insufficient evidence of fault causing injustice to justify an investigation.

The complaint

1. In summary, Mr X, who runs a private foster care agency, complains the Council is acting ‘unethically’ by approaching his foster carers directly and offering financial incentives to leave. He says his complaint has not been considered properly and the effect on his agency has been ‘profound’.
2. Mr X would like the Council to agree, apologise and improve their relationship.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect 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 an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
4. 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 do not start or continue an investigation if we decide:

• there is not enough evidence of fault to justify investigating,
• any injustice is not significant enough to justify our involvement,

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

6. I considered information provided by the complainant which includes the Council’s response.
7. I also considered the Ombudsman’s Assessment Code.

My assessment

8. The Council’s response says there is no evidence to support Mr X’s allegations. It says some carers contacted the Council directly about transferring over to the Council’s in- house foster care team after raising concerns about Mr X’s agency.
9. Overall, the Council identified one learning point from Mr X’s concerns. And that was for the need for Council staff to check that carers had given notice to private agencies before engaging in contact.
10. The information I have seen, via the Council’s responses, show it has investigated Mr X’s complaint in some depth. I also note the Council met with Mr X to discuss his concerns in person.
11. We will not investigate as - while the Council has identified a general learning point for staff practice in future - this is insufficient evidence of fault causing injustice to warrant an investigation into Mr X’s concerns.

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Final decision

12. We will not investigate Mr X’s complaint because we are unlikely to find sufficient evidence of fault causing injustice to warrant an investigation.

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Investigator's decision on behalf of the Ombudsman