London Borough of Lambeth (21 012 224)
Category : Children's care services > Disabled children
Decision : Closed after initial enquiries
Decision date : 03 Feb 2022
The Ombudsman's final decision:
Summary: We will not investigate Miss X’s complaint about children service’s actions. It is unlikely we could obtain a significantly different remedy to a settlement Miss X has recently accepted.
The complaint
- The complainant, whom I shall call Miss X, says the Council held her child in care without the legal power to do so.
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 we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by Miss X and the Council.
- I considered the Ombudsman’s Assessment Code.
- Miss X had an opportunity to comment on a draft version of this decision.
My assessment
- Miss X says in the spring of 2021 the Council removed her child from her care and held them in Council care for a week. She says she did not agree to this and there was no Court order.
- Miss X complained in May 2021. Following the Council’s reply, in which it described its actions as ‘disproportionate’, Miss X sought legal advice. Solicitors on her behalf wrote to the Council in October 2021 with a claim for damages. The Council says it settled this claim at the end of December 2021 with a payment for £1950 plus her reasonable legal costs.
- Miss X says she also wants her housing situation changed as a remedy to this complaint. She says she shares a bedroom with her child and needs a bigger place.
- Miss X’s housing situation is not a direct result of the fault she alleges. There is no outstanding injustice that we could remedy following Miss X accepting the payment in settlement.
Final decision
- We will not investigate this complaint. This is because it is unlikely we could significantly add to the remedy already obtained.
Investigator's decision on behalf of the Ombudsman