The Ombudsman's final decision
Summary: We have upheld this complaint that the Council failed to initiate the second stage of the statutory procedure for complaints about children’s services. The Council has agreed to resolve the matter by providing a suitable remedy.
The complaint
The complainant, who I will refer to as Miss B, complains that the Council failed to initiate Stage 2 of the statutory procedure for complaints about children’s services, thereby delaying resolution of her complaint.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word ‘fault’ to refer to these. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), 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 complained to the Council about the level of financial support provided to her since she obtained a Special Guardianship Order. This is a matter which falls to be considered under the statutory procedure for complaints about children’s services. The evidence shows that the Council acknowledged Miss B’s request to escalate the matter to Stage 2 in December 2022 but has not done so.
If we were to investigate, it is likely we would find fault causing Miss B injustice. The failure to initiate Stage 2 of the statutory procedure has delayed the resolution of Miss B’s complaint and put her to the time and trouble of complaining to the Ombudsman.
Agreed action
We asked the Council to resolve the complaint by: within one month of this decision, appointing an investigating officer and beginning Stage 2 of the statutory procedure, providing Miss B with information about her rights under the process; and offering to make a payment of £250 to Miss B to reflect the injustice caused by the Council’s failure to escalate her complaint.
To its credit, the Council has agreed to take the action we proposed.
Final decision
We have upheld this complaint because the Council has agreed to resolve it early by providing a proportionate remedy for the injustice caused to Miss B.
Investigator's decision on behalf of the Ombudsman