The Ombudsman's final decision
Summary: We will not investigate this complaint that fault on the Council’s part caused the complainant to incur legal costs. This is because we could not do so without considering what happened in court, which we cannot do by law.
The complaint
The complainant, Miss X, complains that fault on the Council’s part caused her to incur substantial legal costs.
The Ombudsman’s role and powers
The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended) We have the power to start or end an investigation into a complaint about actions the law allows us to investigate. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been mentioned as part of the legal proceedings regarding a closely related matter. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended, section 34(B))
How I considered this complaint
I considered information provided by the complainant.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss X says the Council was negligent when placing children in her care without necessary court orders in place. As a result, she was denied financial support to which she was entitled.
Miss X successfully took legal action to address the matter, incurring substantial legal costs in the process. She has now been paid backdated fostering allowance but believes the Council should pay her legal costs.
The Ombudsman will not investigate Miss X’s complaint. The costs for which Miss X is seeking reimbursement were incurred in relation to private legal proceedings. By law, the Ombudsman cannot consider what happens in a court. Whether the costs were reasonably incurred is a matter on which we could not take a view without considering what happened in the private legal proceedings, which we cannot do. We cannot therefore investigate.
Final decision
We will not investigate Miss X’s complaint because we could not do so without considering what happened in court.
Investigator's decision on behalf of the Ombudsman