Summary: We will not investigate this complaint about a kinship placement. This is because further investigation would not lead to a different outcome, any fault has not caused injustice and we will not normally investigate complaint handling if we are not investigating the substantive complaint.

The complaint

1. Ms X complains that the arrangement for looking after her nephew should have been treated as a kinship placement but was not. She also says the Council gave her incorrect advice and responses to her complaint have been inconsistent. Ms X says this has caused anxiety, delay, financial loss and left her unable to get dental treatment for her nephew. Ms X would like the Council to make her a kinship carer, to pay her for this and retrain staff.

Back to top

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:

• any fault has not caused injustice to the person who complained, or
• further investigation would not lead to a different outcome

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

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Ms X took over care of her nephew in June 2025. In November 2025 she obtained parental responsibility.
6. We will not investigate Ms X’s complaint that the Council did not class her as a kinship carer. This is because further investigation would not lead to a different outcome. The Council investigated Ms X’s complaint and agreed that she should have been classed as a kinship carer between June and November 2025, until she obtained parental responsibility. It apologised for the error, offered her a back payment for the money she would have been entitled to and confirmed it would retrain staff. This is sufficient to remedy any injustice to Ms X.
7. Ms X complained that the Council gave her the wrong advice about obtaining parental responsibility. We will not investigate this complaint because any fault has not caused injustice to Ms X. It is not the Council’s role to provide advice to carers and Ms X could have obtained advice about this process from other sources.
8. Ms X is unhappy with how the Council handled her complaint. She says its responses were inconsistent. We will not investigate this as we will not normally investigate complaint handling if we are not investigating the substantive complaint. In any event, there is not enough evidence of fault to justify an investigation. In its stage 1 response the Council dealt with the position between June and November 2025, whereas the stage 2 response considered the period after November 2025.

Back to top

Final decision

9. We will not investigate Ms X’s complaint because further investigation would not lead to a different outcome, any fault has not caused injustice and we will not normally investigate complaint handling if we are not investigating the substantive complaint.

Back to top

Investigator's decision on behalf of the Ombudsman