Summary: We cannot investigate this complaint about care planning for a child, and the Council’s treatment of Mrs X as a foster carer. The law prevents us from investigating complaints about the start of court proceedings or what happened in court. We will also not investigate the part of Mrs X’s complaint about special guardianship financial support. It is reasonable to expect Mrs X to ask the Council for a review.

The complaint

1. Mrs X complained the Council proposed an ineffective care plan for a child she fostered to the court, including the inadequate assessment of prospective family carers for the child.
2. Mrs X also complained the Council emotionally blackmailed her into making decisions relating to the child she fostered and became special guardian for.
3. Mrs X also complained about unacceptable delay by the Council in responding to her complaint.
4. Mrs X also complained about the Council’s intention to reassess financial support it provides to her as a special guardian.
5. Mrs X said this caused distress.
6. Mrs X wants the Council to apologise, review its processes and compensate her.

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The Ombudsman’s role and powers

7. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
8. 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)
9. We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
10. 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 it would be reasonable for the person to ask for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

13. We cannot investigate the parts of Mrs X’s complaint about care planning for a child, nor about the Council’s treatment of her as a foster carer. Based on the evidence I have seen, these matters are inseparable from the start of court action or what happened in court. The law prevents us from investigating such matters.
14. We will not investigate Mrs X’s complaint about the Council’s complaint handling. The courts have said we can decide not to investigate a complaint about any action by an organisation concerning a matter which the law says we cannot investigate. (R (on the application of M) v Commissioner for Local Administration [2006] EHWCC 2847 (Admin))
15. The Council’s policy says a special guardian has the right to make representations to it if they disagree with any proposed changes to financial support the Council provides.
16. We will not investigate this part of Mrs X’s complaint. If the Council proposes to change the financial support it provides to her as a special guardian, it is reasonable to expect Mrs X to ask the Council for a review.

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Final decision

17. We cannot investigate Mrs X’s complaint because the law prevents us from investigating the start of court action or what happened in court. For the remainder, it is reasonable to expect Mrs X to ask the Council for a review.

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Investigator's decision on behalf of the Ombudsman