The Ombudsman's final decision
Summary: We will not investigate this complaint about the Council’s response to the complainant’s concerns about her son’s welfare. This is because the Council has offered to make a substantive response and it would be reasonable to allow it to do so.
The complaint
The complainant, who I will refer to as Miss B, complains that the Council has failed to respond reasonably to her concerns about her son’s welfare, failed to keep accurate records and failed to escalate her complaint.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Miss B brought her concerns to the Council’s attention in December 2021. She was unhappy with the Council’s response, so made a formal complaint in February 2022, to which the Council responded in March 2022. The Council offered Miss B the opportunity to escalate her complaint within its corporate procedure.
Miss B told the Council she wished to escalate the complaint. She complains that the Council failed to do so. The Council accepts that it offered escalation and did not act on Miss B’s request. It has now agreed to do so under Stage 2 of the corporate procedure.
Given that the Council has now offered to take appropriate action and investigate the complaint, it is not necessary or proportionate for the Ombudsman to consider the matter further. If Miss B is unhappy with the Council’s final response when it is made, she may wish to make a new complaint to us.
Final decision
We will not investigate Miss B’s complaint because it is reasonable to allow the Council the opportunity to make a further response.
Investigator's decision on behalf of the Ombudsman