Summary: Miss X complained about how she was treated by the Council. She said there had been a lack of support for her as her niece’s foster carer; the Council has not paid her the correct fostering allowance; she is unhappy with the Council’s complaints response; and the Council agreed to put things in place at a meeting but then went back on its word. We find the Council was at fault for the lack of support provided to Miss X. This caused Miss X significant distress. We make several recommendations to address this injustice caused by fault.

The complaint

1. The complainant, Miss X, complains about how she was treated by the Council. In particular she said:
1. there has been a lack of support for her as her nieces foster carer;
2. the Council has not paid her the correct fostering allowance rates;
3. she is unhappy with the Council's complaints response; and
4. the Council agreed to put things in place at a meeting but then went back on its word.

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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. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).
4. 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)

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What I have and have not investigated

5. I have investigated the complaint in relation to how Miss X was treated. I have not investigated any matters relating to how Miss X’s niece was treated. This is because we do not have consent to consider a complaint on Miss X’s nieces’ behalf.

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How I considered this complaint

6. I spoke with Miss X about her complaint. I considered all the information provided by Miss X and the Council.
7. Miss X and the Council had an opportunity to comment on my draft decision. I considered their comments before making my final decision.

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What I found

8. When a child needs to be accommodated, the law says councils should consider placing them with family or friends first. Friends and family foster carers can receive a fostering allowance and other practical support from the council.

The Council’s family and friends care policy

9. Friends and family foster carers will receive specialist supervision and support from the family plus team and the child will have their own social worker. Carers will be visited regularly by social workers for the child and the fostering service including unannounced visits.

Summary of the key events

10. Miss X was the foster carer for her niece, B. The Council completed an initial assessment in 2014. It was noted that Miss X may need some support in managing situations within her role as a carer.
11. The Council visited Miss X and B at home in February 2022. It was noted Miss X had just finished treatment with a service that offer assessments and treatment for a range of psychological problems (service Y).
12. In May 2022 the notes state B had begun to display some difficulties. This included poor school attendance, low level challenges at home and there was a self-harming incident.
13. It was noted B’s social worker was on sick leave and another council officer was overseeing the case.
14. A home visit was carried out in June 2022. B had been talking to her mum a lot more lately. It was noted B’s mum had not been communicating with Miss X around contact despite what was previously agreed with the social worker.
15. The following day the Councils notes state it met with B’s mum to discuss contact and boundaries.
16. A meeting was held in July 2022. It was noted that:
• Miss X was unhappy that B did not currently have a social worker; and
• Miss X and B had fallen out. It was noted Miss X was very upset and didn’t think their relationship was as close.
17. It was noted a few weeks later that a new social worker had been allocated. Miss X said she received a call from someone claiming to be the new social worker. Miss X said she questioned this and called the supervisor as she did not want to give them any information.
18. The Council visited the home in July 2022. Miss X was finding it difficult to cope and said B was refusing to do anything and was not talking to Miss X. It was also noted that B did not want to go on the family holiday.
19. Service Y contacted the Council shortly after. They said Miss X had been signposted to a service where she would benefit from longer term support. They also said they had referred Miss X to a service (service Z) who provide support with practical aspects of life administration.
20. The Council chased up the referral to service Z as the referral was made in February 2022.
21. Towards the end of July 2022, the Council’s emails stated:
• it was concerned about Miss X and B’s relationship as things had deteriorated;
• Miss X had made comments about thoughts of ending the placement;
• there were concerns around B’s eating and she was currently eating all the food, leaving the cupboards empty; and
• it had spoken with Miss X about finding ways to connect with B again.
22. Miss X told us the reason she made comments about ending the placement was because she was under so much stress. She said no social worker was available and she had found it hard to cope. She said B was self-harming.
23. The Council chased up the referral to service Z again in August 2022. The Council then contacted Miss X to advise her of what this service and the other recommended service could offer. It provided Miss X with a link to information about a free taster session.
24. Miss X told the Council her previous emails she had sent to the social worker had not been responded too. She said she felt the constant changes in social worker was a battle for B and her family.
25. Miss X called the Council in August 2022. She said B had walked out stating she would not return. Miss X was advised to keep the lines of communication open with Miss X and report her missing to the police if she did not return home by her curfew.
26. It was noted the police were called and met with B who said she was staying with a friend.
27. The following day the Council’s emails note Miss X was concerned as she had not had an update regarding B’s whereabouts and whether she was safe.
28. The Council contacted Miss X and apologised for not calling her last night. It said B was refusing to go back to Miss X’s house and only agreed to go to her brothers. It was noted the Council had asked the police to carry out the relevant checks in relation to B’s brother.
29. In August 2022 the Council told Miss X that as the payments she receives are purely for B, she should not spend the money in case she has to return it. But the Council said it recognised that Miss X needed to cover aspects of her outgoings as well as ensuring B’s brother had the money he needed to provide care for B. It said it would look into it.
30. In September 2022 the notes state B was hospitalised following a suicide attempt whilst in the care of her brother. B returned to Miss X’s care. But it was noted she would spend some nights at her brothers.
31. The Council checked in with Miss X over the next few weeks and asked what support she needed. Miss X was due to go on holiday and had arranged for family members to look after B.
32. Late September 2022, Miss X and B got into an argument and neighbours called the police.
33. The Council visited the home early October 2022. A further argument broke out and the Council called the police. It was noted that B agreed to stay with Miss X’s son.
34. The notes state Miss X did not think she could have B back to the property. This was because Miss X said during the argument with B, she was kept hostage on the balcony four hours with the social worker. In response the Council said she may need to put her resignation in writing and payments would be stopped. But it said it would need to talk this through.
35. Miss X asked the Council for support with housing as ending the placement would have implications. The Council advised her to contact the housing options team and forward it any advice she receives.
36. The Council contacted Miss X late October 2022. It said it understood Miss X was upset about its comments to hand in her notice. It apologised and acknowledged how good she had been to B over the years.
37. The Council spoke with Miss X in November 2022, and it was agreed she was not yet ready to meet with B. It was noted Miss X’s foster carer review was coming up and the intention was to reapprove Miss X to be B’s foster carer if they were both able to come to an agreement. But it was noted Miss X understood that the Council could not continue to make payments and it needed to make a plan.
38. The Council’s notes stated B had not been living with Miss X since the beginning of October 2022. She was currently living with her dad.
39. In November 2022 the Council advised Miss X to write down what she wanted to discuss with B at mediation and said this could be shared with B first who could do the same.
40. In regard to B’s allowances, the Council agreed for payments to continue. But it said £90 per week of these payments would be held back for Miss X to cover household bills. The remaining allowance was for B.
41. It was later noted the plan was for B to remain with her dad with a view to B returning to Miss X. Miss X had been making some initial steps to reach out to B. It was noted the Council would then consider mediation which was a more formal approach.
42. The Council contacted Miss X. It said Miss X had been receiving £235 weekly for B. It provided a breakdown on how the maintenance allowance should be used and detailed what money would be provided to B’s dad. This amounted to £144.50 per week. It said Miss X would receive £90.50 in recognition of the fact she is required to keep the placement open. It was noted management were considering how long this agreement would be in place.
43. The Council noted that Miss X had been sending B £57.50 each week. Therefore, it said there had been a shortfall of £87 each week for the past eight weeks and stated Miss X would need to backdate these payments to B’s dad.
44. The Council referred Miss X to the income maximisation team and the housing lead team. This was so they could support her with any financial implications and housing issues associated in the event that B did not return to her care.
45. In late November 2022 Miss X told the Council she was willing to have B back if she followed the rules. She was advised to keep texting B before the Council could consider mediation. This was because the Council said mediation was a formal process which might put B off.
46. The Council contacted the housing team. It asked for advice on what steps to take if Miss X needed to find alternative accommodation. The housing team said Miss X would need to complete some forms. But it was noted this could not be done until a decision on whether B would return was made.
47. In December 2022 it was noted there had been some communication between Miss X and B. The Council agreed to do mediation in the new year.
48. In late December 2022 the Council’s notes state B had said she was planning to spend half the week with Miss X and the other half with her dad. The £90 allowance to Miss X was agreed until January.
49. The Council visited Miss X in January 2023. She shared that she no longer wanted to be a foster carer and B was aware. This is because she did not feel strong enough to continue. Miss X said she felt like the Council was only providing support to B’s dad.
50. Miss X completed the housing form to report a change in her circumstances. All payments to Miss X stopped on the 28 January 2023. But the Council agreed to pay the costs of any bedroom tax Miss X would incur once the report was submitted.
51. Between March and June 2023, the Council called Miss X to check in. It was noted Miss X and B were no longer speaking. The Council offered to meet up with Miss X in August 2023.

Complaint to the Council

52. The Council upheld several elements of Miss X’s complaint. It said:
• records indicated that B reached out to her mother. The social worker provided B with support during this time. But it acknowledged that this was done without consultation or discussion with Miss X. It also said Miss X’s views were not considered;
• the social worker and virtual school should have involved Miss X more in the process of applying for colleges for B. It said there was not enough communication to Miss X about what was happening;
• when the social worker went off sick, their manager forwarded their details to Miss X and tried to arrange a visit. B was reluctant to this visit and the one visit that did take place took a great deal of persuasion;
• in the eight months the social worker was off, Miss X did not receive the support from the service that it would have expected. It said at the next meeting it will raise the importance of engaging with foster carers even when children or young people do not want to meet their social workers;
• it accepted that no proper introductions were made between the agency social worker and Miss X and it apologised;
• it accepted that Miss X did not feel supported when she was managing B’s mental health and said the service did not offer enough support;
• it accepted that B should have been kept up to date about the plans for B when she went to stay with her brother;
• it accepted that the social worker left Miss X worrying about B when she went missing;
• it apologised that mediation was suggested but never took place;
• it upheld Miss X’s complaint that she had to identify three carers for B whilst Miss X went away;
• it accepted that the support provided to B did not include Miss X;
• it apologised that the agency social worker did not visit Miss X between July and September 2022;
• the social worker said they advised B that they had advised Miss X to block her due to several messages being sent. But B said she could not remember this. The Council said due to the conflicting accounts, it could not make a finding;
• the social worker did receive messages from Miss X expressing her love for B. But it said it cannot evidence these were shared with B. It did say that the social worker regularly spoke to B about how much Miss X loved and cared for her;
• in regard to the backdated payments Miss X was asked to make to B’s dad, it said this should not have happened. It said Miss X’s allowance should have continued but said she would have been expected to provide B with some elements of the payment. It apologised and said learning would be shared with the fostering team;
• if Miss X did not receive financial support for periods B stayed with her after she had left, Miss X was to let the Council know so payment could be made.
53. The Council recommended the following remedies;
• six mediation sessions;
• bedroom tax to be reimbursed;
• pay for six counselling sessions for Miss X;
• moving and decorating costs. It asked Miss X to provide a breakdown of the costs and said it would arrange reimbursement of up to £2000;
• a goodwill gesture of £200 for expenses. But said if Miss X incurred any other additional expenses she could provide receipts;
• share Miss X’s suggestion that fostering training should cover what happens when things go wrong or placements breakdown; and
• offer £300 for the lack of support identified and a further £150 for her time and trouble in pursuing the complaint.
54. Miss X told the Council in November 2023 that she would like someone to look into her complaint. She said she felt there were many levels that had not been dealt with properly.
55. In response the Council said its previous responses had upheld several elements and offered a remedy. It said it was unable to investigate the details of what happened between Miss X and B due to data protection. But it said it was of the view that the complaint had been investigated thoroughly and stated the financial remedies should be claimed within one month.
56. Miss X’s sister asked the Council in January 2024 to escalate the complaint. She said the Council had been refusing to do so.
57. The Council explained its final response was sent in November 2023. Miss X questioned this as they had been given an information sheet from the Council detailing a three stage complaints process. But the Council explained this process was not applicable in this case.

Analysis- was there fault by the Council causing injustice?

Part a of the complaint

58. As detailed in paragraph 50, the Council has accepted fault in this case. I agree with the fault identified. I acknowledge that the Council did chase up the referral to service Z twice and did sometimes visit Miss X at home. But it was clear Miss X was struggling to cope and more support should have been provided. Especially given that the initial assessment from 2014 stated Miss X may need some support in managing situations within her role as a carer.
59. The Council has offered Miss X £300 for the lack of support identified which Miss X has not accepted. I do not consider this remedy to be sufficient, nor in line with our guidance on remedies. This is because I consider the distress caused to Miss X to be significant and prolonged. I consider an appropriate figure in this case to be £700.

Part b of the complaint

60. Miss X told us the Council was not paying her the correct fostering allowance rates when the Council made the decision to reduce the rates. From the evidence seen the notes state B stopped living with Miss X in October 2022. The Council agreed for payments to continue. But said £90 of the allowance would be held back for Miss X to cover her household bills. The remaining allowance was for B.
61. The Council’s financial policy states where a child is away from the placement, the amount being paid to the carer will be reviewed dependent on where the child is staying. It says the children’s element of the allowance should travel with the child.
62. Therefore, there is no fault in the process the Council followed, and we could therefore not criticise it. But as stated by the Council in its complaint’s response, it was fault to advise Miss X she needed to back date payments to B’s dad. I note Miss X did not make these payments. But this did cause her distress.
63. Miss X told us that B was sometimes coming and going during this time. In the Council’s complaints response, it advised Miss X to let it know when B stayed and for how long. It said it would reimburse her for this time. I consider this to be an appropriate remedy.

Part c of the complaint

64. Miss X said she was unhappy with the Council’s complaint’s response. In my view the Council has carried out a thorough investigation and I do not find fault with the complaint’s response. But the Council did initially send Miss X the incorrect complaints process information form. This is fault. This caused unnecessary time and trouble to Miss X who spent time asking the Council to escalate her complaint to stage three.
65. The Council wrote to Miss X in February 2023 and asked to meet her to discuss her complaint. It arranged a day. But it was noted Miss X attended the meeting, but the Council did not. The Council said this was because it did not receive confirmation from Miss X. From the evidence seen, Miss X told the Council what day she was free, and the Council said it was also free. Therefore, this indicates Miss X was available and it was fault for the Council to not attend. We acknowledge the meeting did later take place, but this did cause distress to Miss X.
66. The Council has recommended a payment of £150 to Miss X to acknowledge her time and trouble in pursuing the complaint. I consider this to be an appropriate remedy.

Part d of the complaint

67. Miss X said the Council agreed to put things in place at a meeting but then went back on its word. She said during the meeting the Council agreed to pay her money for moving and decorating. But she said this was included in the complaint’s response. She said this was unfair as it meant she would have to agree to the complaint.
68. The Council does not hold minutes of this meeting and I therefore cannot see what was agreed. But I don’t think it was unreasonable for the Council to have included this in its complaint’s response.

Council’s initial recommendations

69. As stated in paragraph 51, in the Council’s complaint’s response it agreed to the following remedies which I consider to be appropriate:
• six mediation sessions. This offer was available to Miss X and B and neither party have to make a decision about this now;
• bedroom tax to be reimbursed;
• pay for six counselling sessions for Miss X;
• moving and decorating costs. It asked Miss X to provide a breakdown of the costs and said it would arrange reimbursement of up to £2000; and
• a goodwill gesture of £200 for expenses. But said it Miss X incurred any other additional expenses she could provide receipts.

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Agreed action

70. To address the injustice caused by fault, within one month of my final decision, the Council has agreed to:
• write to Miss X with an apology that takes account of our published guidance on remedies and accepts the findings of this investigation;
• pay Miss X £700 to acknowledge the distress caused to her by the faults identified in this statement;
• pay Miss X £150 to acknowledge the time and trouble she spent in pursuing her complaint;
• keep the offer of six mediation sessions open;
• reimburse the bedroom tax that the Council had previously agreed to reimburse;
• pay for six counselling sessions for Miss X;
• review with Miss X whether the Council should reimburse her for any care she provided for B during the time B was coming and going from her home;
• reimburse Miss X for moving and decorating costs of up to £2000; and
• pay Miss X £200 for expenses. Following submission of satisfactory receipts to the Council reimburse any additional expenses.
71. Within two months, provide evidence of the following:
• the Council raising the importance of engaging with foster carers even when children or young people do now want to meet their social workers;
• the Council sharing Miss X’s suggestion that fostering training should cover what happens when things go wrong, or placements break down. The Council should also provide the outcome of this.
72. The Council should provide us with evidence it has complied with the above actions.

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Final decision

73. I have completed my investigation with a finding of fault causing injustice for the reasons explained in this statement. The above agreed actions provide a suitable remedy for the injustice caused by fault.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman