Summary: We will not investigate Mr X’s complaint about financial support provided to him as a Special Guardian because the complaint is late and there is no good reason to our exercise discretion. There is also no evidence the Council is at fault for offering different support to foster and kinship carers.

The complaint

1. Mr X complains the Council:
• did not provide clear information about financial support available for family carers in 2021;
• stopped providing financial support to him and his wife, as Special Guardians for their grandchild, in June 2023 and;
• does not provide equal financial support to kinship carers and foster carers.

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The Ombudsman’s role and powers

2. The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate.
3. 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/care provider has done. (Local Government Act 1974, sections 26B and 34D, as amended)
4. 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))
5. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

6. I considered information provided by Mr X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. Mr X’s complaints about the Council’s financial information and its decision to stop payments arose more than 12 months ago and are late. I have found no good reason to exercise discretion and investigate these late complaints.
9. In offering different financial support to foster carers and to family members caring for looked after children, there is no evidence of fault because the Council is acting within the legislation and national guidance.

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Final decision

10. We will not investigate Mr X’s complaint about the support and information he received as a Special Guardian because it is late and there is no good reason to exercise discretion to investigate. There is also no evidence of fault in the Council offering different support to foster and kinship carers.

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Investigator's decision on behalf of the Ombudsman