Summary: We will not investigate this complaint that the Council refuses to allow the complainant to attend her son’s Looked After Child reviews. This is because there is insufficient evidence of fault on the Council’s part to warrant investigation.

The complaint

1. The complainant, Miss X, complains that the Council is at fault in refusing to allow her to attend her son’s Looked After Child (LAC) reviews.

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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. Miss X’s son is a LAC and is subject to a care order. Miss X retains parental responsibility for her son and has contact with him. She complains that since 2020 the Council has not permitted her to attend his LAC reviews, despite her right to do so.
6. The evidence Miss X has provided shows that she made a complaint to the Council which was considered under the statutory procedure for complaints about children’s services. The issue of her attendance at LAC reviews was one aspect of the complaint. The complaint process concluded in March 2024.
7. The issue was explored by the Investigating Officer at Stage 2 of the complaint procedure. The content of the Stage 2 report indicates that Miss X has been invited to her son’s LAC reviews and participated in them. However, the Council has decided to carry out the reviews over a number of sessions with different attendees. As a result, Miss X does not attend at the same time as her son or his foster carers. The Investigating Officer did not find fault with the arrangement and did not make any recommendations relating to it.
8. The Ombudsman will not investigate Miss X’s complaint because there is insufficient evidence of fault on the Council’s part. The Council has the right to decide whether to hold LAC reviews over one session or several, and doing so does not prevent Miss X from having meaningful input. The matter has been considered under the appropriate complaint procedure and the findings appear reasonable and defensible. That being the case, the Ombudsman cannot criticise the outcome, or intervene to substitute an alternative view.

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Final decision

9. We will not investigate Miss X’s complaint because there is insufficient evidence of fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman