Summary: We will not investigate this complaint about the calculation of a Special Guardianship allowance because Mr X could reasonably have raised his concerns in court.

The complaint

1. Mr X complains about the way the Council processed his application for the Special Guardianship allowance. He says the Council did not properly undertake a means test or provide reliable information in a timely manner.

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The Ombudsman’s role and powers

2. 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))

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How I considered this complaint

3. I considered information provided by the complainant and the Council, and the Ombudsman’s Assessment Code.

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My assessment

4. Mr X says the Council changed its original offer of a Special Guardianship allowance without explanation. He says his expenditure was not considered properly and the Council did not explain how it calculated the means-tested allowance. The Council sent Mr X a copy of its assessment as part of the court action papers.
5. The Special Guardianship order, including the finances, was approved by a judge in court proceedings. Mr X could have reasonably raised the matter in court if he was not satisfied with how the Council calculated the Special Guardianship allowance rate before accepting it.

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Final decision

6. We will not investigate Mr X’s complaint because he could have reasonably raised the matter in court before accepting the Special Guardianship allowance.

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Investigator's decision on behalf of the Ombudsman