The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s decision to end X’s role in a foster care network. This is because there is insufficient evidence of fault in the Council’s decision.
The complaint
X complains about the Council’s decision to end their role in a foster care network. X says the Council’s decision was not evidence based and that it failed to properly respond to X’s complaint.
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 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B)) If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
We cannot question the merits of a Council’s decision if there is no evidence of fault. The Council’s response to X’s complaint shows that it had considered the background to the case and the key events. It fully explained and justified why it had made the decision to end X’s role.
There is no evidence of fault in the Council’s decision making and we will therefore not investigate X’s complaint.
Final decision
We will not investigate X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman