The Ombudsman's final decision
Summary: We will not investigate this complaint about Miss X’s concerns about her child in care. Miss X has a right to approach the Information Commissioner’s Office about any refusal of the Council to disclose documents to her. There is not enough evidence of fault in the Council’s other actions to warrant investigation.
The complaint
Miss X said she has concerns about the welfare of one of her children in foster care. She said she wanted to see the carer’s diaries.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide: there is not enough evidence of fault to justify investigating, or there is another body better placed to consider this complaint.
(Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Where a person is unhappy with a council’s refusal to disclose documents, they have the right to approach the Information Commissioner’s Office (ICO).
The Council provided copy of a recent letter to Miss X. In the letter, it gave a chronology of her complaints about the foster placement and confirmed it would not respond further to them. It also confirmed its view that her child was safe and well. It advised her that if she wished to challenge the placement, she had a right to go to court. That Miss X has taken and continues to take a different view to the Council of the care her child is receiving is not evidence of fault.
Final decision
We will not investigate Miss X’s complaint because: She has a right to approach the ICO about any refusal by the Council to provide her with carer’s diaries that it would be reasonable to use; and There is not enough evidence of fault in other matters to warrant investigation.
Investigator's decision on behalf of the Ombudsman