Sefton Metropolitan Borough Council (24 008 032)
Category : Children's care services > Friends and family carers
Decision : Closed after initial enquiries
Decision date : 26 Nov 2024
The Ombudsman's final decision:
Summary: We will not investigate this complaint that the Council failed to provide the complainant with appropriate support for the care of his grandchildren. This is because the Council has accepted that the complainant was a connected foster carer and we would not seek to achieve anything further at this point.
The complaint
- The complainant, Mr X, complains that the Council failed to provide him with appropriate support for the care of his grandchildren.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact 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 or continue an investigation if we decide investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mr X says he cared for his grandchildren from 2012. He says the Council wrongly claimed his care of the children amounted to a private family arrangement, despite his grandson coming directly from Council care and the fact that he took his other grandchildren to prevent them going into care. He says the Council misled him about his entitlement to support and that he has been caused significant financial loss.
- The evidence shows that Mr X tried to raise the issue with the Council in 2023 and 2024. The Council declined to address his concerns due to the passage of time and, in 2024, directed him to the Ombudsman.
- Since he complained to us, the Council has revisited the matter. It has undertaken to calculate the support Mr X was entitled to from 2012 and to pay him that amount. It says the process is underway and payment will be made subject to confirmation of Mr X’s marital status and his agreement with its calculations.
- Given that the Council has, in effect, accepted that Mr X was a connected foster carer, it is appropriate to allow it to proceed with its consideration of his entitlements. It is likely that this is the outcome the Ombudsman would have hoped to achieve, so there are no grounds for us to investigate the complaint now. If Mr X disagrees with the outcome of the calculation when it is known, it will be open to him to make a new complaint.
Final decision
- We will not investigate Mr X’s complaint because we would not achieve anything significant in addition to the action the Council has already agreed to take.
Investigator's decision on behalf of the Ombudsman