The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about delays by the Council carrying out the recommendations of a complaint review panel because the agreed actions are all now all either complete or underway and there is nothing more we could achieve.
The complaint
Ms X complained about delays by the Council carrying out the recommendations of a complaint review panel.
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, or there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained to the Council about the support she received when she agreed to care for a relative’s children. I have not included the details to ensure everybody’s anonymity.
The Council responded to Ms X’s complaint at all three stages of the Children Act 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).
The Council accepted the findings and recommendations of the independent investigator and the independent panel. The panel’s recommendations included changes to Council procedures, symbolic payments to recognise the impact of the Council’s mistakes on all concerned, and changes to Ms X’s home to help Ms X care for the children.
When a council has investigated a complaint under the Children Act complaints process, the Ombudsman would not normally re-investigate it. I am satisfied there has been a thorough and fair independent investigation. I understand Ms X is happy with the outcome, too. We will not investigate these matters further.
Ms X complained to us because she was unhappy with the time taken by the Council to carry out the panel’s recommendations. The changes to Ms X’s home in particular were taking a long time to arrange.
I contacted the Council to ask for an update.
The Council sent me a copy of the action plan it produced following the conclusion of the complaints process. The Council confirmed the agreed actions were now all either complete or underway. The Council had made the symbolic payments the panel recommended, and work on changes to Ms X’s home is now underway.
Taking all of this information into account, there is nothing worthwhile we could achieve by investigating Ms X’s complaint any further.
Final decision
We will not investigate Ms X’s complaint because there is nothing worthwhile we could achieve.
Investigator's decision on behalf of the Ombudsman