North Yorkshire County Council (20 006 372)
Category : Children's care services > Friends and family carers
Decision : Closed after initial enquiries
Decision date : 23 Nov 2020
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Miss B’s complaint that the Council has failed to provide her with financial support for caring for her granddaughter. This is because it would be reasonable for her to use the Council’s appeal process.
The complaint
- The complainant, who I will refer to as Miss B, complains that the Council has failed to provide her with financial support for caring for her granddaughter.
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 would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I have spoken with Miss B and considered what she has said in support of her complaint. I have taken account of the complaint correspondence provided by the Council.
What I found
- Miss B has care of her granddaughter under a Special Guardianship Order. She says the alternative to her caring for the child was placing her in the Council’s care. She has asked the Council to provide her with financial support and it has refused. She believes the Council is at fault.
- The Council has said there is a process available to Miss B to challenge its decision. It says she may appeal against the decision to its Friends and Family Panel, which will reconsider the matter.
- Where it is open to a complainant to ask a council to review a decision, or consider an appeal against it, the Ombudsman would normally expect them to do so. It would be reasonable for Miss B to use the appeal right open to her. If she remains unhappy, the Council’s complaints procedure is open to her, before coming to the Ombudsman.
Final decision
- The Ombudsman will not investigate this complaint. This is because it would be reasonable for Miss B to use the Council’s appeal process.
Investigator's decision on behalf of the Ombudsman