The Ombudsman's final decision
Summary: We cannot investigate this complaint about financial support provided for a child Mrs X cares for. A special guardianship order was decided by a court and Mrs X was legally represented. Financial support could reasonably have been raised during the court process and we cannot act in an auxiliary or supplementary role.
The complaint
Mrs X said there is an inequality in the level of financial support provided to two siblings looked after by different members of their extended family. She said the child she looks after receives less support. She says she could not raise the issue of financial support properly during the court case.
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
The matter complained of is not one we can investigate. A court issued a special guardianship order (SGO) for the child and Mrs X was legally represented. Regardless of the conduct of the court process, it would have been reasonable to raise the question of financial support during the court process. Any failure to do so by Mrs X’s legal representative would be a matter for the appropriate regulatory body. We have no power to act in an auxiliary role by considering the fairness of the relative levels of support provided to the two siblings cared for by different family members.
Final decision
We cannot investigate Mrs X’s complaint because the matters complained of could reasonably have been raised during a court process.
Investigator's decision on behalf of the Ombudsman