The Ombudsman's final decision
Summary: Mrs F complained the Council had failed to provide education and special educational needs support to her son and about delay in the process of updating his Education, Health and Care plan. We have ended our investigation to allow the statutory children’s complaint procedure to be completed.
The complaint
Mrs F complained the Council had failed to provide education and special educational needs support to her son, M, and about delay in the process of updating his Education, Health and Care plan.
She says as a result he has missed out on education and therapy for about two years which has had a significant impact on the family, affecting their mental health and employment. She wants the Council to provide suitable education and the specialist provision listed in the plan.
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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended) The Local Government Act 1974 sets out our powers but also imposes restrictions on what we can investigate. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended) If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
How I considered this complaint
I spoke to Mrs F about her complaint and considered information from the Council.
Mrs F and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
Children’s statutory complaints procedure The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. The accompanying statutory guidance, ‘Getting the Best from Complaints’, explains councils’ responsibilities in more detail. We also published practitioner guidance on the procedures, setting out our expectations.
The first stage of the procedure is local resolution. Councils have up to 20 working days to respond.
If a complainant is not happy with a council’s stage one response, they can ask that it is considered at stage two. At this stage of the procedure, councils appoint an investigating officer (IO) to look into the complaint and an independent person (IP) who is responsible for overseeing the investigation and ensuring its independence.
Following the investigation, a senior manager (the adjudicating officer) at the council should carry out an adjudication. The officer considers the IO report and any report from the IP. They decide what the council’s response to the complaint will be, including what action it will take. The adjudicating officer should then write to the complainant with a copy of the investigation report, any report from the independent person and the adjudication response.
The whole stage two process should be completed within 25 working days but guidance allows an extension for up to 65 working days where required.
If a complainant is unhappy with the outcome of the stage two investigation, they can ask for a stage three review by an independent panel. The council must hold the panel within 30 working days of the date of request, and then issue a final response within 20 working days of the panel hearing.
The Ombudsman would normally expect a council and complainant to follow the full complaints procedure. The guidance sets out the circumstances in which a complaint can be referred to the Ombudsman without completing all three stages. This can only happen when the stage two investigation is robust with all, or all significant complaints upheld. Councils must show they agree to meet most of the complainant’s desired outcomes and have a clear action plan for delivery.
What happened The Council responded to Mrs F’s complaint in January 2024 and there was a complaint resolution meeting. Mrs F remained dissatisfied and came to the Ombudsman.
When we approached the Council, it advised us it had now accepted the complaint under Stage 2 of the children’s statutory complaints procedure. This was because there were also some complaints relating to child safeguarding and delay in providing statutory social care services. The Council said the complaint about educational provision was also being considered by the independent investigator.
My findings
I have discontinued my investigation. This is because the Council is currently considering the complaint at stage two of the statutory complaints procedure. We cannot investigate the complaint until all three stages have been completed. If Mrs F remains dissatisfied at the end of that process, she can come back to the Ombudsman.
Final decision
Subject to further comments by Mrs F and the Council, I intend to discontinue my investigation.
Investigator’s decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman