Summary: The Ombudsman cannot investigate this complaint about the Council’s decision to stop paying a Special Guardianship Allowance to the complainant. This is because the complainant has started legal action against the Council.

The complaint

1. The complainant, whom I refer to as Mr X, complains about the Council’s decision to stop paying a Special Guardian Allowance.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. We cannot investigate a complaint if someone has appealed to a tribunal or a government minister or started court action about the matter. (Local Government Act 1974, section 26(6), as amended)

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How I considered this complaint

4. I read the compliant and the Council’s responses. I considered a recent decision made by the court. I considered comments Mr X made after I told him I was planning to close his complaint because he had started legal action.

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What I found

What happened

5. Since 2012 Mr X has been looking after a child under a Special Guardianship Order. The Council paid a Special Guardianship Allowance to Mr X.
6. In 2018 the Council did a financial assessment and decided Mr X was no longer entitled to the Allowance because he has sufficient financial resources. Mr X complained to the Council about this decision.
7. In July 2018 the Council signposted Mr X to the Ombudsman if he was dissatisfied with its response to the complaint. In late 2018 Mr X started legal action against the Council in relation to its decision to end the allowance.
8. Mr X complained to the Ombudsman in May 2019. There are many reasons why Mr X thinks the Council’s decision is wrong.
9. I temporarily closed the complaint in 2019 pending a decision from the court about whether it had the power to hear the case. If a complaint to the court is misconceived, meaning the court has no power to hear it, then the restriction described in paragraph three may not apply.
10. In 2020 the county court decided it has no power to hear the case but it directed that the case be transferred to the administrative court. Mr X is waiting for the case to allocated to the administrative court. Mr X says the county court judge said Mr X could ask for the case to be heard by the Ombudsman.

Assessment

11. I cannot start an investigation because Mr X has started legal action against the Council and is waiting for the case to be heard by the administrative court. Mr X would like the Ombudsman to consider his complaint and he would like to halt the legal action. But, the law says the Ombudsman cannot investigate a complaint once legal action has commenced. In this case legal action has commenced and the court has directed that the case be allocated to the administrative court. There is nothing to suggest the administrative court has no power to hear the case. I have no power to investigate the complaint because Mr X has commenced legal action against the Council.

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Final decision

12. I cannot start an investigation because Mr X has started legal action against the Council and legal action has commenced.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman