The Ombudsman's final decision
Summary: We will not investigate this complaint about the level of Special Guardianship allowance provided by the Council. This is because the events happened too long ago, and I see no reason why the complaint could not have been made sooner.
The complaint
The complainant, who I will call Ms X, complains that the Council failed to provide the level of financial support agreed when a Special Guardianship Order (SGO) was granted in 2016. Ms X says the Council failed to provide the level of Special Guardianship allowance agreed in court, and that she has been financially disadvantaged because of this.
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 late complaints unless we decide there are good reasons. Late complaints are when someone takes more than 12 months to complain to us about something a council has done. (Local Government Act 1974, sections 26B and 34D, as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
In 2016, the courts granted Ms X with a SGO. Ms X says a level of Special Guardianship allowance was agreed during these proceedings but that the Council started paying her less than the amount agreed.
Ms X complained to the Council about the allowance in March 2017, and received a response at stage one of its two stage complaints procedure. The Council did not receive a request from Ms X to escalate the complaint to stage two. In 2021, Ms X contacted the Council about the matter again.
I will not investigate this complaint because the events happened too long ago. I see no reason why Ms X could not have completed the Council’s complaints procedure in 2017. If she had, she would then have had the opportunity to ask the Ombudsman to investigate.
Final decision
We will not investigate Ms X’s complaint because the events happened too long ago, and I see no reason why she could not have complained sooner.
Investigator's decision on behalf of the Ombudsman