Ombudsman refused to investigate complaint but made errors

[Robin D]

I believe you have to start a judicial review within 3 months of the ombudsman 'final' decision. That includes any decision after 'reconsideration'.

I suggest that if you believe that it may be necessary you start the ball rolling now but be aware it's not cheap unless you can get it pro bono. https://weareadvocate.org.uk/apply-for- ... works.html is a good place to start and is where you can submit an application for help.

[Suzie, FRG Adviser]

Dear CY23

Welcome back to the kinship carers’ board. Thank you for your updating post. This is Suzie, Family Right Group’s online adviser.

I am sorry to hear that you are still struggling with your complaint. I can understand how frustrating and time-consuming these processes are. You have certainly worked very hard to get the situation looked at and to highlight what did and did not happen in your case.

It is good to hear that you managed to get the LGO to look at your complaint again. Unfortunately, they have said that they will not reinvestigate your complaint. They have provided you with their draft decision; you asked the LGO to reinvestigate on the basis that the independent investigating officer’s investigation was flawed and you set out your reasons for this.

However, you are aware that they may not agree and are worried that they will dismiss your case. You are wondering if the arguments you have made are good. You are the expert in your situation and explain your situation well; you have also clearly completed and included relevant research. But unfortunately, I cannot review the details of your complaint or say if you will be successful.

I am pleased that the LGO has acknowledged delay on the part of children’s services and that they recommend that children’s services pay you compensation. Of course, it is for you to decide whether this is acceptable or not.

You are querying the timescale for judicial review. I am not sure if you mean judicially reviewing the LGO or Children’s Services. We are unable to provide any detailed advice on judicial review as it is such a specialist area of law. You can find a copy of our advice sheet on judicial review here. Please see the explanation below which clarifies the timescale for seeking judicial review, which is that it is done very promptly:

There is a very strict time limit which applies to making a judicial review. A claim for judicial review must be made to the court (known as ‘filed’ with the court) no later than three months after the grounds to make the claim first arose.

This means that:

a. The judicial review claim must be made with little or no delay.
b. The judicial review claim cannot be made if it is brought after three months have passed since the decision that is being challenged was made.

We have provided information previously from the LGO website about what they say about judicial review. I will repost it here:

The LGO’s website warns that ‘If you choose to bring a claim for Judicial Review which we successfully defend, we will look to recover our reasonable costs to protect public funds. Typically this could mean you paying £2,000 to £3,000 or more depending on the complexity of the claim’.

I understand that you are pursuing all options and so if you are considering pursuing a judicial review it is important that you get expert legal advice about this to decide if it is advisable particularly due to the cost implications highlighted above. Another kinship carer has recommended the pro-bono legal charity Advocate. We also provide details of legal advice services on the final page of the judicial review advice sheet linked to earlier. If you follow the link on that page to the Public Law Project, they have a signposing link to legal aid providers specialising in public law – judicial review - and national coverage advice organisations.

I understand that you are trying to do all you can to properly address how you were treated and the decisions made prior to you getting the SGO. I hope that you can make an informed decision about your case.

With best wishes

Suzie

[CY23]

Sorry for double posting. Could I ask something about the S20 duty to accommodate please. Does the Section 20 only arise if there is an arrangement, agreement or request from the mother of the child. The IIO has written in her report that as there was never a request from mother or agreement then the section 20 duty did not arise. However, the caselaw I have read says that, the duty automatically crystallises when it becomes apparent to the council that the child needs to be accommodated. I am trying to argue that when mum told the council that she did not want to care for child anymore as she could not cope and wanted the child to live elsewhere ( with us his godparents or with his father being her preference) that the S20 Duty arose automatically when the council becomes aware at the material time. Is this correct as I have read in the Southwark caselaw that the child does not have to be accommodated for 24 hours but can appear to need accommodating for the duty to arise. I just want to be sure I am arguing the correct facts. Thank you if you can help. Appreciate it so very much.