Summary: We will not investigate this complaint about special guardianship order financial support. This is because we could not add to any previous investigation and further investigation would not lead to a different outcome.

The complaint

1. Ms X complained the Council wrongly calculated her Special Guardianship Allowance. She said this has left her financially disadvantaged and unable to pay for items her child needs. She would like the Council to pay her full special guardianship allowance and backdate her payments.

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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 impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Ms X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X obtained a Special Guardianship Order (SGO) in 2021 for a member of her extended family. Ms X complained to the Council had incorrectly deducted child benefit from her Special Guardianship Allowance.
6. The statutory children’s complaints procedure was set up to provide children, young people and those involved with their welfare with access to an independent, thorough and prompt response to their concerns. Because of this, if a council has investigated something under the statutory children’s complaint process, the Ombudsman would not normally re-investigate it.
7. The Council responded to Ms X’s complaint under the statutory complaints procedure. After stage 2 of the complaints procedure, the Council told Ms X that it had decided to no longer deduct the child element or child benefit from her Special Guardianship Allowance. The Council also agreed to backdate the allowance payments to when the deductions were first made.
8. We will not investigate Ms X’s complaint. Further investigation of Ms X’s complaint is unlikely to add to the Council’s responses, or lead to a different outcome The Council apologised for delay in responding to Ms X’s complaint at stage 2 and offered an appropriate financial remedy for the delay. The Council agreed to adjust Ms X’s Special Guardianship Allowance, and backdate payments.

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Final decision

9. We will not investigate Ms X’s complaint because we could not add to any previous investigation by the Council, and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman