Newcastle upon Tyne City Council (19 008 331)
Category : Children's care services > Friends and family carers
Decision : Closed after initial enquiries
Decision date : 18 Mar 2020
The Ombudsman's final decision:
Summary: The Ombudsman should not investigate Mr and Mrs J’s complaint about the Council’s refusal to provide special guardianship support. This is because Mr and Mrs J live in another council’s area, so we are unlikely to find fault.
The complaint
- Mr and Mrs J complain that the Council has refused to reinstate and backdate special guardianship allowance, in light of their daughter D’s recent diagnosis of autistic spectrum disorder.
The Ombudsman’s role and powers
- We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’.
- We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I have considered the information Mr and Mrs J provided with their complaint, and given them the opportunity to comment on my draft decision. I have also considered the statutory guidance on special guardianship.
What I found
- The Council looked after D before Mr and Mrs J obtained the special guardianship order (SGO) for her care, approximately 10 years ago. Mr and Mrs J live in another council’s area, which I shall call Anyshire Council.
- The guidance says that the placing council (in this case, Newcastle upon Tyne City Council) was responsible for assessing (and, if necessary, providing) SGO support for the first three years after the SGO was made. After that, responsibility transfers to the council where the special guardians live (in this case, Anyshire Council).
- The Council has advised Mr and Mrs J to contact Anyshire Council about SGO support. So it has acted in accordance with the guidance and it is unlikely we would find fault.
Final decision
- The Ombudsman should not investigate this complaint, because it is unlikely we would find fault in the Council’s actions.
Investigator's decision on behalf of the Ombudsman