The Ombudsman's final decision
Summary: We will not investigate this complaint about the Children’s Statutory Complaints procedure. The Council has agreed to consider the matters through a further stage two investigation. It would not be proportionate for us to investigate the complaint also.
The complaint
Mrs X complained about how the Council considered her complaint under the Children’s Statutory Complaints procedure. She said the Council failed to follow the stage three panel’s recommendation to complete a further stage two investigation. Mrs X wants the Council to apologise, improve staff training and upload all her contact with the Council onto her children’s case records.
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
The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services.
If we were to investigate Mrs X’s complaint it is likely we would find fault causing injustice in how it considered her complaint. That is because the Council had not uploaded all of Mrs X’s emails to her children’s case records. Therefore, the stage two investigation did not have sight of all available evidence when it considered her complaints. On identifying this flaw, the stage three panel recommended a further stage two investigation. The Council refused.
To its credit, the Council has since agreed to a further stage two investigation. It had confirmed it will appoint a new Investigating Officer and Independent Person. It has also uploaded the emails to the case records.
Therefore, we will not investigate as I am satisfied with the steps the Council has taken to resolve this complaint. It would not be proportionate for us to investigate, given the Council is completing a further investigation.
Final decision
We will not investigate Mrs X’s complaint because the Council has agreed to complete a further stage two investigation.
Investigator's decision on behalf of the Ombudsman