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 caused to Mr X.
The complaint
Mr X said the Council has delayed its response to his 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
Mr X complained to the Council regarding his care when a child. The complaint falls to be considered under the statutory procedure for complaints about children’s services. Mr X complained to the Ombudsman that the Council had delayed its response under Stage 2 of the statutory procedure.
Mr X has shown that he requested escalation to Stage 2 in October 2023. At the point at which he complained to the Ombudsman the Council had not completed Stage 2.
If we were to investigate it is likely we would find fault causing Mr X injustice, in that the Council failed to address his complaint within the appropriate timescale, delaying resolution of the matter.
Agreed action
We invited the Council to, within one month of the date of this decision: conclude Stage 2 by issuing the reports and adjudication, and advise Mr X of his right to request escalation to the final stage; and.
offer to make a symbolic payment of £100 to Mr X in recognition of the delay.
To its credit, the Council has agreed to resolve the complaint by doing so. It has told me it intends to complete Stage 2 in two weeks.
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 Mr X.
Investigator's decision on behalf of the Ombudsman