The Ombudsman's final decision
Summary: We will not investigate Miss X’s complaint that the Council delayed in responding to her complaint at stage two of the children’s statutory complaints procedure. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X.
The complaint
Miss X complains the Council delayed in responding to her complaint at stage two of the children’s statutory complaints procedure.
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
Miss X made a complaint to the Council regarding its treatment of her son. She complains about negligence, lack of cultural awareness, and poor practice in dealing with children and families from diverse backgrounds.
The Children Act 1989 sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. This is the children’s statutory complaints procedure.
If we were to investigate, it is likely we would find fault causing Miss X injustice. This is because Miss X asked the Council to escalate her complaint to stage two of the children’s statutory complaints procedure on 2 August. The Council had a maximum of 13 weeks to complete stage two, starting from the date the complainant first requests to escalate. This means the Council should have completed its stage two investigation by 1 November 2024. I am satisfied the ongoing delay will be causing Miss X distress and frustration.
We therefore asked the Council to consider remedying the injustice caused by completing the following: Apologise to Miss X for the delays in responding to her stage two complaint.
Complete its stage two investigation without further delay, and within eight weeks of the final decision statement.
Pay Miss X £100 to acknowledge the distress caused by the delay. This is £50 for each month of delay. This payment is to be made within four weeks of the final decision.
Agreed action
The Council agreed to resolve the complaint and will complete the above to put things right.
Final decision
We have upheld this complaint because 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