The Ombudsman's final decision
Summary: We will not investigate Mr F’s complaint because the Council has responded at all three stages of the statutory children’s complaint process, and there is nothing we could add by further investigation. The Council has offered a satisfactory remedy.
The complaint
Mr F complained about the Council’s handling of child protection concerns for his partner’s unborn child. The Council responded to his complaint at all three stages of the statutory children’s complaints process. Mr F is unhappy with the outcome and in particular with the financial redress offered by the Council.
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 we could not add to any previous investigation by the organisation. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
I considered information provided by Mr F and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council considered Mr F’s complaint at all three stages of the statutory children’s complaints process. This is a formal procedure, set out in law, which councils must follow to investigate certain types of complaint. It involves: a written response from the Council (Stage 1); the appointment of an independent investigator to prepare a report (Stage 2); and, if the person making the complaint requests an independent panel to consider their representations (Stage 3).
When a council has investigated a complaint under the statutory children’s complaints process, the Ombudsman would not normally re-investigate it. We may consider whether a council has properly considered the findings and recommendations of the independent investigator and review panel, and any remedy the Council offers.
I have read the report of the complaint review panel at the third stage of the statutory complaints process. It is clear the panel carefully considered Mr F’s complaint. I am satisfied there is nothing more we could add by investigating further.
The Council offered Mr F a payment of £1,100 in respect of the 11 complaints upheld. I consider this a satisfactory remedy. Further investigation by us would not lead to a different outcome.
Final decision
We will not investigate Mr F’s complaint because the Council has responded at all three stages of the statutory children’s complaint process, and there is nothing we could add by further investigation. The Council has offered a satisfactory remedy.
Investigator's decision on behalf of the Ombudsman