The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council failing to pay Mrs X’s costs after admitting fault. There is in not enough evidence of fault by the Council to warrant investigation.
The complaint
Mrs X said the Council failed to tell her she had a right of appeal against a decision that she was unsuitable to care for her grandchild. She said that despite accepting fault and reversing its decision, the Council has agreed to pay her only £500 of the legal costs she incurred as a result.
The Ombudsman’s role and powers
The Ombudsman investigates 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 may decide not to continue with an investigation if we decide there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code and sought advice from my manager.
My assessment
I have seen no evidence provided by either Mrs X or the Council that there was a right of appeal about a negative viability assessment of Mrs X that the Council should have told her about. It is not evidence of fault in the original decision that the Council later changed its decision. I have seen no evidence that the offer of £500+VAT by the Council to assist Mrs X with her costs in obtaining a special guardianship order (SGO) for her grandchild was the result of any fault by the Council that had obliged Mrs X to seek legal advice.
Final decision
We will not investigate Mrs X’s complaint because there is not enough evidence of fault by the Council to warrant investigation.
Investigator's decision on behalf of the Ombudsman