Summary: We will not investigate Miss X’s complaint the Council had delayed court processes. The Council has refused to investigate as the court action involves her adult daughter, and not her. There is not enough evidence of fault in how it made that decision to justify our involvement.

The complaint

1. Miss X complained the Council’s actions had delayed court. She was also not happy about how it had completed an assessment of her daughter, Ms Y. She wanted it to proceed as quickly as possible.

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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.

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

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How I considered this complaint

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

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My assessment

5. In the Council’s response to Miss X, it said it would not respond to her complaint. It said Ms Y was an adult and could make a complaint herself if she wished. There is not enough evidence of fault in the Council’s decision to justify our involvement.

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Final decision

6. We will not investigate Miss X’s complaint because there is not enough evidence of fault to justify our involvement.

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Investigator's decision on behalf of the Ombudsman