The Ombudsman's final decision
Summary: we will not investigate Ms M’s complaint because the Council has now responded. The Council followed the correct procedure and explained what Ms M should do if she was still unhappy. There is no role for us.
The complaint
Ms M complains about the care of her children. She said the Council had not responded to her complaint.
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 effect on the person making the complaint, which we call ‘injustice’. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Ms M and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
I asked the Council for an update. The Council sent me its response to Ms M’s complaint.
The Council wrote to Ms M on 22 September. The Council apologised for the delay in responding to Ms M’s concerns. The Council addressed each of Ms M’s concerns in turn. At the end of the letter, the Council explained what Ms M should do if she was not happy with the Council’s response.
Final decision
We will not investigate Ms M’s complaint because the Council has now responded. The Council followed the correct procedure and explained what Ms M should do if she was still unhappy. There is no role for us.
Investigator's decision on behalf of the Ombudsman