Royal Borough of Greenwich (21 014 896)
Category : Children's care services > Looked after children
Decision : Closed after initial enquiries
Decision date : 08 Feb 2022
The Ombudsman's final decision:
Summary: We will not investigate this complaint about the level of Special Guardianship allowance provided by the Council. This is because the events happened too long ago, and I see no reason why the complaint could not have been made sooner.
The complaint
- The complainant, who I will call Ms X, complains that the Council failed to provide the level of financial support agreed when a Special Guardianship Order (SGO) was granted in 2016. Ms X says the Council failed to provide the level of Special Guardianship allowance agreed in court, and that she has been financially disadvantaged because of this.
The Ombudsman’s role and powers
- The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
- We cannot investigate late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- In 2016, the courts granted Ms X with a SGO. Ms X says a level of Special Guardianship allowance was agreed during these proceedings but that the Council started paying her less than the amount agreed.
- Ms X complained to the Council about the allowance in March 2017, and received a response at stage one of its two stage complaints procedure. The Council did not receive a request from Ms X to escalate the complaint to stage two. In 2021, Ms X contacted the Council about the matter again.
- I will not investigate this complaint because the events happened too long ago. I see no reason why Ms X could not have completed the Council’s complaints procedure in 2017. If she had, she would then have had the opportunity to ask the Ombudsman to investigate.
Final decision
- We will not investigate Ms X’s complaint because the events happened too long ago, and I see no reason why she could not have complained sooner.
Investigator's decision on behalf of the Ombudsman