Summary: We have ended our investigation into matters relating to the care of Mr and Mrs X’s grandchildren. This is because they have either been considered in Court or are late.

The complaint

1. Mr and Mrs X complain the Council:
1. refused to accept that when it placed their grandchildren, Y and Z, with them in January 2019 following concerns that their mother was unable to care for them, this made them looked after children;
2. failed to adequately protect Y when the Council returned this child to the mother’s care in January 2019;
3. refused to accept that the social worker asked them to keep Z because it was not safe for them to return to the mother’s care;
4. misled them and failed to properly inform them of the choices available to them prior to them applying for a special guardianship order (SGO); and
2. Mr and Mrs X say that as a result they have missed out on appropriate financial and other support and have been caused significant distress, Y has suffered prolonged abuse and Z has missed out on support they are entitled to as a looked after child.

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The Ombudsman’s role and powers

3. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate. This is the case even if the appeal did not or could not provide a complete remedy for all the injustice claimed. (R v The Commissioner for Local Administration ex parte PH (1999) EHCA Civ 916)

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How I considered this complaint

5. I spoke to Mrs X and considered her view of her complaint.
6. I considered the Court’s Special Guardianship Order.
7. Mr and Mrs X and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

8. In January 2019, the Council placed Y and Z with Mr and Mrs X because of concerns about the care they were receiving at their mother’s property.
9. A few days later, Y returned to their mother’s care. Z remained with Mr and Mrs X.
10. In April 2020, Y returned to live with Mr and Mrs X. Mr and Mrs X applied to the Court for a special guardianship order (SGO).
11. In April 2021, the Court made the order that Mr and Mrs X should be appointed as Y and Z’s special guardians on the basis that, in a full and final settlement, Mr and Mrs X:
• would not pursue their application for a declaration that Z was a looked after child;
• agreed to the payment of £10,000 made to them by the Council as a residence allowance for Z for the period she had lived with them; and
• agreed that the financial support package provided by the Council would meet the children’s needs.

My findings

Complaint 1a) Z’s looked after child status, 1c) reasons for Z remaining with Mr and Mrs X and 1d) financial information provided by the Council

12. The courts have said that where someone has used their right of appeal, reference or review or remedy by way of proceedings in any court of law, the Ombudsman has no jurisdiction to investigate.
13. As a result, I cannot look at the complaints in paragraph 1a), 1c) and 1d). This is because they are matters which have either already been decided by the Court or relate directly to those matters.

Complaint 1b) Role of the Council in respect of Y when they returned to their mother’s care

14. We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done.
15. Y went back to their mother in January 2019. Even if Mr and Mrs X were unaware of events taking place until Y returned to them in April 2020, this is over 12 months before they complained to us. I accept that during that time there were court proceedings relating to their special guardian status, but this did not preclude them from complaining to the Ombudsman. Therefore, I will not investigate this matter further.

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Final decision

16. I have ended my investigation on the basis that the matters Mr and Mrs X complain about have either been considered in Court or are late.

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Investigator's decision on behalf of the Ombudsman