The Ombudsman's final decision
Summary: We uphold this complaint that the Council used another process rather than the statutory procedure for complaints about children’s services to respond to Miss X’s complaint. The Council has agreed to resolve the matter by providing a suitable remedy for the injustice caused to Miss X
The complaint
Miss X said the Council had used another process rather than the statutory procedure for complaints about children’s services.in response to her complaint.
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 must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended) Under the information sharing agreement between the Local Government and Social Care Ombudsman and the Office for Standards in Education, Children’s Services and Skills (Ofsted), we will share this decision with Ofsted.
How I considered this complaint
I considered information provided by the complainant and the Council, and the Ombudsman’s Assessment Code.
I have not considered the substantive matter Miss X complained about. She is welcome to return to us if this matter is not resolved to both parties’ satisfaction by the Council via the statutory complaints procedure for children’s complaints.
My assessment
Miss X complained to the Council regarding alleged failure to provide respite care for one of her children, and alleged failure to provide respite care that could be used for another child. The complaint falls to be considered under the statutory procedure for complaints about children’s services. Miss X complained to the Ombudsman that the Council had failed to deal with her complaint.
Miss X has shown that she complained to the Council, and that it responded via its corporate complaints process rather than using the statutory procedure for complaints about children’s services.
If we were to investigate it is likely we would find fault causing Miss X injustice, in that the Council failed to address her complaint via the correct process, delaying resolution of the matter.
Agreed action
We invited the Council to immediately start an investigation of Miss X’s complaint at Stage 2 of the statutory procedure. The Council has agreed to resolve the complaint by doing so.
Final decision
We have upheld this complaint. 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