The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decisions relating to foster children that were placed with Mrs X. This is because there are ongoing court proceedings that are closely linked to the matters Mrs X is complaining about.
The complaint
Mrs X is a foster carer who had previously fostered two children. Mrs X said she told the Council she had safeguarding concerns and was unhappy with the Council’s decisions on this. Mrs X wants an independent review of the Council’s decision making.
The Ombudsman’s role and powers
We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mrs X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X told us she raised safeguarding concerns with the Council after it had carried out an assessment on two children, she was providing foster care for. The Council replied to Mrs X and said it had taken note of her concerns.
Mrs X then complained to us and from the information the Council provided, it is evident there are ongoing family court proceedings, which are closely linked to the decisions the Council took affecting these children. Because of this, we will not investigate this complaint as the matters could form part of the court proceedings.
Final decision
We will not investigate Mrs X’s complaint because there are ongoing family court proceedings that are closely linked to Mrs X’s complaint.
Investigator's decision on behalf of the Ombudsman