The Ombudsman's final decision
Summary: We have upheld this complaint that the Council failed to adhere to the timescale set out in the statutory procedure for 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 Mr B, complains that the Council failed to adhere to the timescale set out in the statutory procedure for children’s services complaints, causing him distress and uncertainty and delaying resolution of his 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
If we investigated this complaint, it is likely we would find the Council to be at fault because the statutory timescale for Stage 2 of the procedure has been significantly exceeded. I understand that Stage 2 has now been completed and the Council has demonstrated that it has informed Mr B of his right to escalate the matter to Stage 3.
We therefore asked the Council to consider remedying the injustice the delay has caused by offering to make a payment of £100 to Mr B.
Agreed action
To its credit, the Council has agreed to resolve the complaint by making the payment within one month of the date of this decision.
Final decision
We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mr B.
Investigator's decision on behalf of the Ombudsman