Summary: We will not investigate this complaint about the Council’s role in a Trust. There is not enough evidence of fault in the Council’s complaint handling, another body is better placed to consider this complaint, and we cannot achieve the outcomes Miss Y wants.

The complaint

1. Miss Y complained the Council was involved in the mismanagement of a Trust which was set up for a compensation award she received during childhood. The Council then refused to consider her complaint under the children’s statutory complaints process.
2. Miss Y said this caused frustration, distress and financial loss.
3. Miss Y wants the Council to consider her representations under the children’s statutory complaints process, apologise, repay her, and provide legal representation.

Back to top

The Ombudsman’s role and powers

4. 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
• there is another body better placed to consider this complaint, or
• we cannot achieve the outcome someone wants.

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

Back to top

How I considered this complaint

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

Back to top

My assessment

7. Miss Y received compensation during her childhood which was paid into a Trust. Miss Y was a looked after child by the Council.
8. Miss Y said she could not access the Trust once she became an adult, and the Trust’s value had decreased.
9. Miss Y complained a social worker had set up the Trust without seeking suitable advice, and the Council had not checked the performance of the Trust while it was her corporate parent. Miss Y asked the Council to consider her complaint under the children’s statutory complaints procedure. The Council refused.
10. We will not investigate this part of Miss Y’s complaint. Based on the evidence I have seen, the Trust was set up and managed without the involvement of the Council.
11. Therefore, there is not enough evidence of fault in the Council’s decision not to consider Miss Y’s complaint under the children’s statutory complaints process to justify us investigating.
12. Miss Y’s substantive goals are to access the Trust and for repayment. If Miss Y’s efforts to communicate with the Trustees prove unsuccessful, she would need to apply to court as only a court can make directions about accessing the Trust. Additionally, repayment or compensation to offset any loss to the Trust’s value would need to be determined by the court.
13. On this basis, the court is better placed to consider and decide Miss Y’s complaint, and we cannot achieve the outcomes that she seeks so we will not investigate her complaint.

Back to top

Final decision

14. We will not investigate Miss Y’s complaint because there is not enough evidence of fault, court is better placed to consider her complaint, and we cannot achieve the outcomes that Miss Y wants.

Back to top

Investigator's decision on behalf of the Ombudsman