Summary: We cannot investigate this complaint about the Council declining to conduct a viability assessment for Ms X to care for a child. She has confirmed a judge has since ordered the Council to assess which means the matters she complains of either were or could reasonably have been raised in court. A legal bar now prevents us investigating the matters Ms X complains of.

The complaint

1. Ms X said the Council found fault in its refusal to conduct a viability assessment for her to care for a child via a special guardianship order (SGO), with a social worker including a statement about her that was factually inaccurate. She said that despite apologising for that, the Council had still blamed her for its decision that she should not be supported to be a special guardian for the child. She said she was now worried that the child would be placed for adoption.

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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 a complaint if someone has started court action about the matter. (Local Government Act 1974, section 26(6)(c), as amended)
4. 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

5. I considered information provided by the complainant and the Council.
6. I considered the Ombudsman’s Assessment Code.

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My assessment

7. In response to an earlier decision, Ms X confirmed that a judge has since ordered the Council to assess her viability as a possible carer for the child. This permanently removes our legal power to investigate the Council’s actions in previously refusing to assess. These actions, including those where the Council may have found itself at fault, are closely connected with the decision since subject to court action.

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Investigator's decision on behalf of the Ombudsman