Summary: We will not investigate this complaint about the Council ending a special guardianship payment after Mr X’s child turned18. There is not enough evidence of fault by the Council to warrant investigation.

The complaint

1. Mr X said the Council ended payments under a special guardianship order (SGO) without consultation or review.

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The Ombudsman’s role and powers

2. 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.

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

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How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. SGOs end when a child turns 18. Councils may continue SGO payments until a course ends that a child began before their 18th birthday, but otherwise the payments end with the SGO. There is no duty to consult or to assess whether an SGO payment should continue where a child takes up a course after their 18th birthday. Those caring for adults who turn 18 may apply for other services and/or payments through their local council or the Department for Work and Pensions.

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Final decision

6. We will not investigate Mr X’s complaint because there is not enough evidence of fault by the Council to warrant this.

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Investigator's decision on behalf of the Ombudsman