Summary: We will not investigate this complaint about the content of an apology letter the complainant received from the Council. This is because we would not seek to achieve the outcome she is seeking.

The complaint

1. The complainant, Mrs X, complains that the wording of an apology letter she received from the Council is inaccurate.

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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 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)

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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. Ms X complained to the Council about its actions in the course of events leading to the end of a foster placement and her deregistration as a foster carer. The evidence Ms X has provided shows that her complaint completed the statutory process for complaints about children’s services. She says it was upheld.
6. Ms X’s complaint to the Ombudsman concerns the content of the Council’s apology letter issued at the final stage of the complaint procedure. Specifically, she says the letter includes a sentence which says the Council had concerns about her as a foster carer when, in reality, no such concerns existed. Ms X says the sentence undermines the Council’s apology and offer of compensation and she wants it removed.
7. The Ombudsman will not investigate Ms X’s complaint because we would not seek to achieve the outcome she is seeking. It is not a good use of our resources to investigate matters relating to complaints which have already been upheld. Neither will we ask the Council to change the wording of its files or communications. The most we would expect to see is that a record of a complainant’s dissenting views is added to the files. Ms X says she has asked the Council to make the change she wants, so her views already form part of the case record.
8. If Ms X believes the Council’s complaint response, or any other document or record, contains information which is factually incorrect, she may pursue her right to rectification. If she remains unhappy, her recourse is to bring the matter to the attention of the Information Commissioner’s Office, which is better placed than the Ombudsman to consider it. We will not intervene.

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Final decision

9. We will not investigate Ms X’s complaint because we would not seek to achieve the outcome she wants.

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Investigator's decision on behalf of the Ombudsman