Summary: We cannot investigate Miss X’s complaint that the Council denied her request for Special Guardianship Allowance. The complaint lies outside our jurisdiction because it is about a matter that has been considered in court proceedings. We will not consider Miss X’s complaint about current support. This is because we could not add to the Council’s response which explained it is a matter for her current council to consider.

The complaint

1. The complainant, whom I shall call Miss X, complains the Council refused her request to apply for Special Guardianship Allowance. She also complains she is not currently receiving support in caring for her nephew, who has special needs.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
3. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
4. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

5. I considered information provided by the complainant.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. Miss X was granted a Special Guardianship Order (SGO) for her nephew in 2019. When it was granted she lived in the Council’s area, but she moved outside the Council’s area three years ago.
8. Miss X says she first heard about Special Guardianship Allowances (SGA) in October 2022. She contacted the Council and requested a means tested SGA.
9. The Council told Miss X she would not be entitled to a SGA because she made a private application to the courts for the SGO. It explained that as the child was not ‘looked after’ by the Council prior to the SGO being granted any assessment for support was discretionary.
10. Miss X complained to the Council. She also requested an assessment for support now in caring for her nephew.
11. The Council told Miss X it would not consider her complaint via its complaints procedure because it was about events which were more than 12 months old. It confirmed the issue of financial support was considered during the 2019 court proceedings. It said SGA is given at the discretion of the Council and is considered through the completion of a financial assessment. It confirmed a financial assessment was completed as part of the Family and Friends Assessment Report which was submitted to the court as part of the proceedings and formed part of the court bundle. The assessment concluded it would not provide financial support. In relation to ongoing support needs it signposted Miss X to contact her current council to request an assessment as it is the responsibility of her current council.
12. We cannot consider Miss X’s complaint about SGA. The issue of financial support was considered and decided during the court proceedings in 2019. The law prevents us from considering matters that have been considered and decided in court proceedings. We have no discretion to do so. Whilst Miss X was not aware of the name of the support the question of financial support was clearly considered and decided as a part of those proceedings. This means we cannot consider it.
13. In relation to the complaint about current support, the Council has correctly signposted Miss X to her current council as it is responsible for assessing any need for ongoing support.

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Final decision

14. We cannot investigate Miss X’s complaint about financial support via SGA. This is because the matter was considered and decided in court proceedings. The law prevents us from investigating matters that have been considered in court. We have no discretion to do so.
15. We will not investigate Miss X’s complaint about current support needs. This is because there is nothing we could add to the Council’s response which explained she should contact her current council about it.

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Investigator's decision on behalf of the Ombudsman