Summary: We will not investigate Miss X’s complaint about the Council’s refusal to pay her out of a scheme for previously looked after children as it is unlikely we would find fault. It is reasonable to expect her to apply to Court.

The complaint

1. Miss X says the Council should pay her compensation out of its Support Payment Scheme (SPS).

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)
3. 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
• we cannot achieve the outcome someone wants. (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

6. Miss X says as a child the Council looked after and accommodated her. She says she was harmed during that time. The Council set up a SPS for people who had been accommodated in Council children homes between 1966 and 1995 and had suffered qualifying abuse. The scheme ran from 2022 to 2024. The Council said it aimed to give people a payment and avoided court proceedings.
7. Miss X applied. The Council refused her application. It says it considered her request for a review of that decision by an appeal panel. It says they also refused her request. It says she did not qualify because there was no evidence she had been accommodated during the 1966 to 1995 period.
8. Miss X says this decision is unfair and the Council should use its discretion to still pay her out of the SPS.

Analysis

9. Miss X has not said the Council’s reasons for refusing her payment are factually wrong. We are unlikely to find fault in its decision.
10. There is little prospect that we will achieve the result Miss X seeks. We do not recommend compensation only symbolic payments. Whether there is fault which caused Miss X harm is a matter in these circumstances more suitable for the Courts to decide.

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Final decision

11. We will not investigate Miss X’s complaint because we are unlikely to find fault in its decision not to pay her out of its SPS and it is reasonable for her to claim in the Courts.

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Investigator's decision on behalf of the Ombudsman