The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint about the Council’s response to her concerns about the actions of her neighbour who is a foster carer. This is because there is no sign of fault in how the Council has responded to Miss X’s concerns.
The complaint
The complainant, whom I shall call Miss X, complains about the Council’s response to concerns she raised about the actions of her neighbour who is a foster carer.
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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended) We do not start an investigation if we decide: there is not enough evidence of fault to justify investigating, we could not add to any previous investigation by the organisation. (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
Miss X complained to the Council about the actions of her neighbour who is a foster carer, raising concerns about her treatment of the children in her care.
The Council informed Miss X it was not able to accept her complaint because she does not have parental responsibility for the children concerned. It also explained that in order to comply with confidentiality and data protection legislation it was unable to share any information with her. However, it confirmed that it had shared her concerns with the relevant team.
Whilst I note Miss X is unhappy with the Council’s response to her complaint, I can see no sign of fault in the way the Council has responded to this matter. It cannot accept a complaint unless it is made by, or with the consent of, a person with parental responsibility and it cannot share any information relating to the children with her. There is nothing further an investigation by this office would be able to add to the response Miss X has already received from the Council as it cannot share any further information with her. It has taken suitable steps by sharing Miss X’s concerns with the team involved, but any action taken cannot be shared with Miss X.
Final decision
We will not investigate Miss X’s complaint. This is because there is no sign of fault by the Council in the way it has responded to her concerns.
Investigator's decision on behalf of the Ombudsman