The Ombudsman's final decision
Summary: We will not investigate this complaint about Mr X’s contact with the Council and its complaints handling. The Council has already investigated under the children’s statutory complaint procedures, and further investigation by us would not lead to a different outcome.
The complaint
Mr X said the Council had not fully addressed his substantive concerns after his contact with the Council’s Early Help team, after it investigated his complaint through the children’s statutory complaint procedures.
Mr X said the Council should have upheld all his complaints and the stage three panel did not properly consider all the evidence. Mr X said this caused him distress.
The Ombudsman’s role and powers
We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service but must use public money carefully. We do not start or continue an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 made a complaint after his contact with the Council because he said it labelled him as a perpetrator of abuse and for providing his with insufficient responses to his complaint. The Council considered his complaint through the children’s statutory complaint procedure.
Mr X said the Council had not fully resolved his concerns, and he was unhappy with the outcome.
If a complaint has already been through the three-stage Children Act complaints procedure, this means the complainant has already had access to an independent investigation and we are unlikely to re-investigate unless the earlier investigation was flawed.
I have read the documents from Mr X’s complaint, including the independent stage two reports along with the Council’s adjudication, and the stage three panel report, together with the Council’s final response. The Council has upheld some of his complaints and explained why it will not uphold the other complaints.
The Council has also apologised for delays within the complaint process and has offered Mr X £750, as a symbolic financial remedy for those delays and for the distress it caused him relating to the complaints it upheld.
Given there are no obvious flaws in the investigation and the Council’s responses, and the investigation report has considered Mr X’s comments and referred to case records, I am satisfied the Council has adequately investigated his complaint and further investigation by us, is unlikely to result in a different outcome for Mr X. I am also satisfied the remedy the Council offered Mr X is an appropriate remedy for his injustice caused by the Council’s faults.
Final decision
We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman