Summary: We have upheld Mr B’s complaint about delay responding to his complaint about his care and support arrangements. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused. The Council will investigate Mr B’s complaint within eight weeks, apologise to him and pay him £150 for the frustration and distress caused.

The complaint

1. Mr B complained the Council has failed to respond to his complaint about his care and support arrangements. He said he complained to the Council in
   December 2024 and despite receiving an acknowledgement from the Council, he has not received a response and is left without care and support. Mr B wants the Council to apologise for its poor communication and respond to his complaint about his care and support arrangements.

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The Ombudsman’s role and powers

2. 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)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. If we investigated this complaint, it is likely we would find fault causing injustice. This is because the Council was aware of Mr B’s complaint from December 2024 but did not ensure he received a response when it asked another organisation to respond to the complaint on its behalf. The Council acknowledged the delay and said it still wanted to respond to Mr B’s complaint about his care and support arrangements.
6. We invited the Council to resolve the complaint early by providing a remedy to
   Mr B. The Council accepted our invitation.

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Agreed action

7. Within eight weeks of our final decision the Council (or the organisation acting on its behalf) will respond to Mr B’s complaint about his care and support arrangements. It will also apologise to Mr B and pay him £150 in recognition of the frustration and distress caused by the delay.
8. Within three months of the final decision, the Council will review its complaint handling procedures to prevent delays and ensure it retains oversight of a complaint when it asks another organisation to respond on its behalf.

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Final decision

9. We have upheld Mr B’s complaint about the way the Council delayed responding to his complaint. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman