The Ombudsman's final decision
Summary: We uphold this complaint that the Council delayed its response under the statutory process for complaints about children’s services. The Council has agreed to resolve the matter by providing a suitable remedy for the injustice the complainant has been caused.
The complaint
The complainant, who I will refer to as Miss X, complains that the Council has delayed its response to her complaint under the statutory procedure for complaints about children’s services.
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 must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended) Under the information sharing agreement between the Local Government and Social Care Ombudsman and the Office for Standards in Education, Children’s Services and Skills (Ofsted), we will share this decision with Ofsted.
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 X made a complaint to the Council relating to the production of an assessment under Section 17 of the Children Act 1989, which falls to be considered under the statutory procedure for complaints about children’s services. Miss X complains to the Ombudsman that the Council has failed to conclude Stage 2 of the procedure.
The Council agreed to consider the matter at Stage 2 in December 2023. It has confirmed that the statement of complaint was not agreed until early March 2024, and the Stage 2 reports have not yet been completed. It is clear therefore that the Council has delayed concluding Stage 2.
If we were to investigate it is likely we would find fault causing Miss X injustice, in that the Council failed to address her complaint within the appropriate timescale, delaying resolution of the matter.
Agreed action
We invited the Council to, within 65 working days of this decision: complete Stage 2 of the statutory procedure by issuing the reports and adjudication letter to Miss X, and advising her of her right to request escalation to the final stage; and offer to make a symbolic payment of £100 to Miss X in recognition of the delay.
To its credit, the Council has agreed to resolve the complaint by doing so.
Final decision
We have upheld this complaint. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X.
Investigator's decision on behalf of the Ombudsman