London Borough of Haringey (19 017 280)
Category : Children's care services > Friends and family carers
Decision : Closed after initial enquiries
Decision date : 12 Mar 2020
The Ombudsman's final decision:
Summary: We should not investigate Mr J’s complaint that the Council did not provide support to his family, because Mr J can raise the issues of his complaint in court.
The complaint
- Mr J complains the Council did not provide support, so he was unable to continue caring for the children placed with him under a special guardianship order (SGO).
The Ombudsman’s role and powers
- We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
How I considered this complaint
- I have considered the information Mr J provided with his complaint, and information provided by the Council when we asked about current court proceedings. I have given Mr J the opportunity to comment on my draft decision.
What I found
- Mr J became special guardian to some children in 2017, while living in another council’s area. The law is clear that the other council was responsible for assessing the need for, and providing, support, for the first 3 years after the SGO was made, even after Mr J moved away.
- When Mr J moved to the Council’s area, he asked the Council for support. He says the family did not get enough support, so he had to ask the Council to take the children into care. Care proceedings are currently underway, and Mr J is party to proceedings.
- Mr J can therefore raise his concerns in court, as they are relevant to the court’s decision about the children’s care. If Mr J believes that, with the right support, he can continue to care for the children, he can explain this in court. If he believes the children should not live with other relatives, he can explain this too.
- So we should not investigate Mr J’s complaint.
Final decision
- The Ombudsman should not investigate this complaint. This is because it would be reasonable for Mr J to raise these issues in court.
Investigator's decision on behalf of the Ombudsman