Summary: We will not investigate Mr X’s complaint about the Council meeting his children’s needs in foster care. Doing so would not be warranted by the claimed injustice, or be likely to lead to a different outcome or greater remedy. Mr X also has a right to challenge any breach of a court order by returning to court, and it would be reasonable to use this right.

The complaint

1. Mr X said the Council failed to meet his children’s religious and cultural needs while in foster care as ordered by a court.

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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 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:

• any injustice is not significant enough to justify our involvement, or
• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants.

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

3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended.

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How I considered this complaint

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

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My assessment

7. Any failure by the Council to adhere to a court order is a matter where it would be reasonable for Mr X to use his right to go to court.
8. Notwithstanding that, I note the Council has accepted some minor fault and offered payment to Mr X and his partner of £1360. Were we to investigate, it is unlikely we would recommend more. I also note there is no evidence the children are unhappy with the arrangements made for them. And it was accepted by the court that the children should be placed in foster care due to substantiated concerns about their care by Mr X and his partner. That limits any injustice to him.

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Final decision

9. We will not investigate Mr X’s complaint because there is not enough evidence of injustice to warrant our involvement, and we would be unlikely to recommend a different outcome or a greater remedy. Mr X also has a right to go to court in respect of any potential breach of a court order it would be reasonable to use.

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Investigator's decision on behalf of the Ombudsman