Ms C complained about the way Flintshire County Council dealt with a complaint she raised in October 2024. We investigated why the Council did not escalate her complaint to Stage 2 of its complaints process, in line with the Social Services Complaints Procedure (Wales) Regulations 2005, until the Ombudsman intervened.
We found that the Council declined to progress Ms C’s complaint because it did not consider that the issues she raised warranted an independent investigation. However, under the law governing the Social Services complaints procedure, the Council did not have the discretion to make this decision. This failure was maladministration which resulted in frustration and inconvenience for Ms C, who has also expressed a loss of confidence in the Council. We also found evidence that the Council’s approach reflected a systemic issue, which might have impacted complainants in the past and, if it were not addressed, may go on to impact others in the future. The complaint was upheld.
The Council agreed to apologise to Ms C and offer her £250 in recognition of her time and trouble in pursuing the complaint. It agreed to remind all relevant staff of the Council’s obligation to offer, and action, a Stage 2 investigation when a complainant remains dissatisfied. The Council also agreed to conduct an audit of all Social Services complaints it had received within the last 2 years, to identify any complainants who had been denied their right to a Stage 2 investigation and to offer them the opportunity to proceed to Stage 2 if it remained practical to do so.