The Ombudsman's final decision
Summary: We have upheld this complaint because the Council delayed considering a complaint at stage three of the children’s statutory complaints procedure. The Council has now agreed to resolve the complaint by providing a proportionate remedy for the injustice caused to Mr X.
The complaint
Mr X complains about how the Council has dealt with his complaint under the children’s statutory complaints procedure. Mr X asked the Ombudsman to intervene after he did not receive a stage three response to his 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 provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended) Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
If we were to investigate this complaint, it is likely we would find the Council at fault. This is because there has been delays at stages two and three of the statutory complaints procedure and the Council has not yet arranged a stage three panel to consider Mr X’s complaint. This has caused Mr X distress in the form of uncertainty and frustration.
We therefore asked the Council to arrange a stage three panel to be held within one month. We also asked the Council to apologise to Mr X for the delay and to make a payment to him of £100 to remedy the distress this caused him. To its credit, the Council agreed.
Final decision
We have upheld this complaint. The Council has agreed to resolve the complaint early by providing an appropriate remedy.
Investigator's decision on behalf of the Ombudsman