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During a monitoring visit to a residential insti
tution, representatives of the Children’s Division
interviewed a 14-year-old girl. She told them
that she liked living at the institution. She was
therefore unhappy that the local authority had
informed her seven months earlier that she
would be moved to a foster family and that it
was working to find a family for her. Since then,
she had heard nothing further from the local
authority. This unsettled her and the uncer
tainty about her future was very difficult for her.
The Ombudsman passed the girl’s wishes on to
the local authority, which then decided that she
was to remain at the institution where she was
living.
The Ombudsman cannot decide where a child
in care is to live, but he can pass on the child’s
wishes to the relevant authority and thus help
ensure that the child’s wishes and views are
taken into account when the authority con
siders the issue.
A 14-year-old boy asked the Ombudsman for
help to prevent his mother’s boyfriend, who was
a foreigner, being expelled from the country.
Among other things, the boy wrote that his
mother’s boyfriend had become a second father
to him and that they all got on well – he, his
mother and her boyfriend.
The Ombudsman told the boy that he under
stood why he would like his mother’s boyfriend
to remain with him and his mother. However, as
the boy’s letter was not about his own case, but
that of his mother’s boyfriend, the boy was not
a so-called party to the case. The Ombudsman
therefore took no action in response to the boy’s
letter.
If a ‘third party’ submits a complaint to the
Ombudsman which includes information about
another person, it is the Ombudsman’s estab
lished practice to seek the consent of the
other person – usually in the form of an original
power of attorney – in order to ensure that he
or she agrees to the Ombudsman’s considering
the complaint.
A woman lodged a complaint with the Ombudsman because the local authority in the area where she
used to live refused to transfer its status as the authority responsible for her daughter, who had been
compulsorily placed in care, to the local authority where the woman now lived.
It was the woman’s former local authority which had placed her daughter in care, and it was therefore
the authority responsible for her daughter, even though the woman had moved to another local
authority area.
The rules allowed the woman’s current and former local authority to agree a transfer of responsibility
for her daughter to the woman’s current local authority, but her former local authority did not wish to
enter into such an agreement. It took the view that its retaining responsibility would ensure the best
continuity for the woman’s daughter.
The Ombudsman wrote to the woman that he considered it unlikely that he would be able to criticise
her former local authority’s decision to retain responsibility and therefore closed the case.
If the Ombudsman believes he is unlikely to be able to criticise the decisions made in a case, he typi
cally closes the case without asking the authorities involved for a statement.
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