Summary: We will not investigate this complaint about Miss X’s contact with the Council. This is because there is no worthwhile outcome achievable. We cannot investigate what happened in court, or overturn decisions made by the court. Nor can we direct the Council to alter any assessment it made about Miss X.

The complaint

1. Miss X complained that the Council discriminated against her in an assessment it completed when she expressed an interest in caring for a family relative. She also stated it failed to communicate with her during ongoing court proceedings and failed to provide her with information about her relative’s care arrangements. Miss X says this has caused her distress and frustration.

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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 no worthwhile outcome achievable by our investigation. (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. Miss X complained to the Council in 2024 about wanting to care for a family relative. The Council explained she did not have parental responsibility and could not be provided with detailed information about the child’s care whilst court proceedings were ongoing.
6. The Council confirmed that legal proceedings had now concluded. This means that the issue Miss X complained about, including any assessment of her suitability to care for the child, has been determined by the court.
7. The Ombudsman cannot investigate what happens in court or overturn decisions made by the court. Nor can we direct the Council to change an assessment it completed about Miss X. Therefore, there is no worthwhile outcome by us investigating this complaint.

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Final decision

8. We will not investigate Miss X’s complaint because there is no worthwhile outcome achievable.

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Investigator's decision on behalf of the Ombudsman