Summary: The Ombudsman will not investigate this complaint that the Council gave incorrect advice to a Special Guardian. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, whom I refer to as Ms X, says the Council gave incorrect advice to a Special Guardian. Ms X says the Council was wrong to tell a Special Guardian that a Special Guardian Order (SGO) cannot be revoked. Ms X wants the Council to be truthful and to give correct information to the Special Guardian.

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The Ombudsman’s role and powers

2. 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 an investigation if we believe it is unlikely we would find fault. (Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read the complaint and the Council’s response. I invited Ms X to comment on a draft of this decision.

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What I found

What happened

4. Ms X’s child is cared for by a Special Guardian. Ms X is not a Special Guardian and she is not complaining on behalf of the Special Guardian who looks after her child. Ms X told us the Special Guardian does not know she has made a complaint.
5. Ms X complained to the Council that it had given wrong information to the Special Guardian who looks after her child. In response the Council said it could not accept the complaint. This is because Ms X does not have consent, from the Special Guardian, to make a complaint on their behalf. The Council said the Special Guardian could make a complaint if they were unhappy with the information the Council has provided. The Council said Ms X could not seek to have the SGO revoked as that would be something that the guardian would have to pursue.
6. Ms X continues to assert the Council gave wrong advice to the Special Guardian.

Assessment

7. I will not start an investigation because there is insufficient evidence of fault by the Council. Ms X is not complaining on behalf of the Special Guardian so there is no suggestion of fault in the Council’s response. The Council correctly told Ms X that it could not accept a complaint from her because she is not a Special Guardian and she is not complaining on behalf of the Special Guardian. The Council also told Ms X it would accept a complaint from the Special Guardian if they wished to make a complaint.
8. I cannot treat Ms X as though she is complaining on behalf of the Special Guardian because she says they are unaware she has complained and Ms X does not have permission to act on their behalf.

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Final decision

9. I will not start an investigation because there is insufficient evidence of fault by the Council.

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Investigator's decision on behalf of the Ombudsman