The Ombudsman's final decision
Summary: We have discontinued our investigation because the Council is still considering Ms X’s complaint.
The complaint
The complainant, whom I refer to as Ms X, makes various complaints about the Council’s children’s social care department.
Since we accepted Ms X’s complaint for investigation, the Council has told us it is considering this complaint under the statutory children’s complaints procedure.
The Ombudsman’s role and powers
The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the council of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)
How I considered this complaint
I considered information from Ms X and the Council. Both had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.
What I found
As the Council is considering Ms X’s complaint under the statutory children’s complaint procedure, I cannot investigate it. I have seen no good reason to suggest it would be unreasonable to give the Council an opportunity to investigate and reply.
If Ms X remains dissatisfied after receiving the Council’s final response, she can contact us again and ask us to look at her complaint.
Final decision
I have discontinued my investigation.
Investigator's decision on behalf of the Ombudsman