Surrey County Council (21 004 347)
Category : Children's care services > Looked after children
Decision : Closed after initial enquiries
Decision date : 12 Sep 2021
The Ombudsman's final decision:
Summary: We cannot investigate Ms X’s complaints about issues relating to B for whom she is their mother. B does not consent and therefore she is not a suitable representative.
The complaint
- The complainant, whom I shall call Ms X, complains about issues on the Council’s children and education services teams dealings with, B, a young person of whom she is their mother.
The Ombudsman’s role and powers
- We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
How I considered this complaint
- I considered information provided by Ms X and the Council.
- I considered the Ombudsman’s Assessment Code.
- I considered Ms X’s comments on a draft version of this decision.
My assessment
- Ms X says the Council:
- Failed to provide her with B’s education plan;
- Failed to follow correct procedures for B’s pathway plan and it’s content is poor;
- Failed to stick to a communication agreement;
- Has been dishonest with B’s savings;
- Has not provided a full account of how B’s advocate was employed;
- Has breached B’s human rights to family life for not investigating B’s complaints and made up stories.
- The Council says B is now 16 and has made it clear they do not want Ms X complaining on their behalf. The Council told Ms X this in an email in July 2021.
- Ms X says she is. She says B is not capable of making decisions.
- We have provided Ms X with consent forms for her and B to complete if B does want Ms X to represent them.
Final decision
- We cannot investigate this complaint as Ms X is not a suitable representative of the person directly affected by the alleged fault as she does not have their consent.
Investigator's decision on behalf of the Ombudsman