West Sussex County Council (25 004 450)
Category : Children's care services > Friends and family carers
Decision : Closed after initial enquiries
Decision date : 09 Sep 2025
The Ombudsman's final decision:
Summary: We will not investigate this complaint about financial support for a Special Guardian. The complaint is late and there are no good reasons to decide to investigate now. Nor will we investigate the Council’s refusal to consider a complaint about this matter, because it is unlikely we would find fault in its decision to refuse.
The complaint
- Mrs X complained the Council has not provided financial support to her as a Special Guardian for her grandson, Y.
- Mrs X said the Council did not provide financial assessment information in 2021, did not advise Mrs X of her right to seek legal advice as part of her Special Guardianship Order application to court, and inadequately dealt with Y’s transfer to another Council when Mrs X moved home.
- Mrs X said this has caused her financial difficulties.
The Ombudsman’s role and powers
- 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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
- I considered information provided by Mrs X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In 2021, Y was subject to a child protection plan. A social worker from the Council was the lead professional for the plan at that time.
- Y’s mother moved out of the home, and Mrs X then assumed day to day care of him.
- Mrs X applied for and was granted a Child Arrangement Order. Mrs X, along with her husband, also made a private application for a Special Guardianship Order for Y.
- Mrs X, her husband and Y moved to Authority B’s area, in 2021 prior to the Special Guardianship Order being granted.
- The Special Guardianship Order was granted in 2022. It was stated in a social worker’s report, completed on behalf of Authority B, for court, that Mrs X would not be eligible for a financial assessment because Y had not previously been a Looked After Child by Authority B. Mrs X complained to the Council in 2025. The Council said it would not consider Mrs X’s complaint because the basis for complaint took place longer than 12 months ago. It is unlikely we would find fault in the Council’s decision to refuse Mrs X’s complaint.
- Additionally, we will not investigate this complaint. Mrs X was aware from 2022, by virtue of the court report, that she would not receive financial support, and it was reasonable to expect her to raise this with the Council at the time. Therefore, it is late and I have not seen any good reasons why it should be considered now.
Final decision
- We will not investigate Mrs X’s complaint because it is late and there are no good reasons to decide to investigate now.
Investigator's decision on behalf of the Ombudsman