Summary: We will not investigate Mrs X’s complaint about the delay in providing information as there is no significant outcome we would achieve. It is reasonable to expect her to apply to Court for an order to be enforced.

The complaint

1. Mrs X says the Council has failed to comply with a Court order.

Back to top

The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
3. 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
• there is no worthwhile outcome achievable by our investigation. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

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

Back to top

My assessment

6. In July 2024 the Court ordered Mrs X should be the special guardian to Y. In the order it also ordered the Council to carry out some specific action including providing documents and financial support. Mrs X says the Council delayed in providing the documents and information and failed to provide the financial support.

Analysis

7. The delays in producing the documents and information are not significant enough to warrant any further investigation or remedy.
8. The Court order says parties should return to Court if the order is not complied with. It is reasonable to expect Mrs X to do so for her complaint about support.

Back to top

Final decision

9. We will not investigate Mrs X’s complaint because there is no further outcome reasonably obtainable for the delay in providing documents and information. And it is reasonable to expect Mrs X to apply to Court for an order to be enforced.

Back to top

Investigator's decision on behalf of the Ombudsman