Summary: We will not investigate Miss X’s complaint about the Council's failure to tell her about an allegation her child made. There is no worthwhile outcome achievable by us investigating and Miss X could raise her concerns in closely related court proceedings.

The complaint

1. Miss X complains the Council did not tell her about an allegation her child made while in the care of a special guardian.
2. Miss X says this has caused her concern that the Council could fail to tell her about any future issues.

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The Ombudsman’s role and powers

3. 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 no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. 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))

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X made an application to the family court in June 2026. Following this, she received information about her child making an allegation in March 2020. Miss X’s child was in the care of a special guardian at the time.
8. Following the allegation, the Council carried out an assessment.
9. Miss X said the Council did not tell her about this allegation, or its subsequent assessment, despite her holding parental responsibility for her child.
10. The substantive issue complained about here happened in March 2020. I do not consider there is any worthwhile outcome achievable by us investigating this complaint now.
11. Due to the passage of time, it would be difficult for us to obtain accurate accounts from people involved. We would not be able to determine what happened, or why it happened. It would be difficult for us to reach a proportionate outcome or remedy.
12. In any case, Miss X is taking court action about the care of her children. It is likely these concerns could be raised in those closely related court proceedings. Miss X could raise the concerns herself, or via her legal representatives.
13. For these reasons, we will not investigate this complaint.

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Final decision

14. We will not investigate Miss X’s complaint because there is no worthwhile outcome achievable by us investigating and she could raise her concerns in closely related court proceedings.

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Investigator's decision on behalf of the Ombudsman