Summary: We will not investigate this complaint that the Council delayed supporting Miss X in obtaining a Special Guardianship Order. This is because part of the complaint is made late, and because investigation into more recent matters would not lead to a different outcome.

The complaint

1. Miss X complains that the Council should have supported her in obtaining a Special Guardianship Order (SGO) for her grandchild. Miss X says the Council should backdate SGO payments to 2021 when she first started caring for her grandchild.

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The Ombudsman’s role and powers

2. 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 further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council’s children’s services became involved with Miss X’s grandchild but closed the case in May 2020. Miss X’s grandchild started living with her in January 2021.
7. The Council became involved again in 2023, and agreed to carry out an assessment of the viability of Miss X becoming a special guardian for her grandson in May 2023. Miss X started receiving SGO payments in October 2023.
8. In responding to Miss X’s complaint, the Council agreed to make a payment to Miss X equivalent to SGO payments for the period between May 2023 and October 2023. The Council refused to backdate the payments to January 2021 as it says it was not involved with the family at this time and therefore the arrangement in place was a private one between Miss X and her daughter.
9. I will not investigate the Council’s actions between 2020 until May 2023. This is because these events happened too long ago and I see no reason why Miss X could not have complained to us about them sooner.
10. I will not investigate how the Council has dealt with more recent matters. This is because the Council has agreed to backdate the SGO payments from when it agreed that Miss X’s grandchild could not return to their mothers care up to when Miss X started receiving regular SGO payments. Investigation would not lead to a different outcome.

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Final decision

11. We will not investigate Miss X’s complaint because part of it is late and investigation into more recent matters would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman