Summary: We will not investigate this complaint about the Council failing to carry out a child and family assessment for Mrs Y, and the Council not providing any financial support or guidance to Mrs X. This is because there is insufficient evidence of fault for the first part of complaint, for the remaining part, further investigation would not lead to a different outcome.

The complaint

1. Mrs X complains the Council failed to carry out a child and family assessment for her niece, Mrs Y, when Mrs Y’s mother passed away. She says this was despite Mrs Y being left without any parent with parental responsibility. Mrs X says this has caused her significant distress and said she received no financial support or guidance about Mrs Y’s care. Mrs X wants the Council to make changes to its services.

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:

• there is not enough evidence of fault to justify investigating, 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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. After Mrs Y’s mother died and the Council received a police safeguarding referral, it contacted Mrs Y’s family practitioner. The information it received was that Mrs Y had a positive support network and her grandparents were willing to provide long-term care. The Council decided a child and family assessment or homelessness assessment was not required because Mrs Y was receiving early help support and had suitable accommodation. This was a decision the Council was entitled to make. There is insufficient evidence of fault in how it reached that decision
6. Mrs Y went to live with Mrs X under an informal kinship care arrangement when she was 17. The Council has explained financial support is not usually available in such arrangements. However, it accepted it should have told Mrs X about other possible sources of support. It has apologised and has now provided advice and guidance about benefit entitlement and access to financial support. This is a proportionate remedy for any injustice caused. Further investigation is unlikely to lead to a different outcome.

Back to top

Final decision

7. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault by the Council for the first part of the complaint and for the remaining part, further investigation is unlikely to lead to a different outcome.

Back to top

Investigator's decision on behalf of the Ombudsman