Summary: There was fault by the Council as it delayed considering a complaint through its complaints process. An apology and payment remedies the injustice, as the substantive issue of the complaint has now been resolved.

The complaint

1. The complainant, Mrs X, complains the Council has not agreed to fund a supported housing placement for her adult son, Mr Y. Mrs X also complains the Council delayed responding to her official complaint, which has caused them stress.

Back to top

The Ombudsman’s role and powers

2. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended.

Back to top

How I considered this complaint

4. I read the papers put in by Mrs X and her representative.
5. I considered the Council’s comments about the complaint and any supporting documents it provided.
6. Mrs X, her representative and the organisation had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

Back to top

What I found

7. Mr Y went into emergency respite care in October 2022. This was organised by the family at the weekend and they informed the Council on the Monday.
8. The family complain the Council has not agreed to fund the placement.
9. In response to initial enquiries, the Council has said that it is now funding the placement. The Council has a long term plan to move Mr Y to a more appropriate placement once his independent living skills are more developed.
10. Mrs X also complains the Council delayed responding to her official complaint. The Council has said there were delays in the complaint handling. This was fault. The Council has said that it has delivered training to the members of the team that triage adult social care complaints on best practices and the statutory procedure. The Council has said it would be happy to apologise to Mrs X and Mr Y and to remedy the fault. Our remedies guidance recommends a payment of up to £500 for time and trouble in pursuing a complaint where considering the complaint promptly may have resolved the fault earlier. In my view, as the Council has now resolved the substantive issue, I consider that a symbolic payment of £500 is a reasonable remedy.

Back to top

Agreed action

11. Within one month of the date of the decision on this complaint the Council should:
• Apologise to Mrs X and Mr Y. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings.
• Pay Mrs X £500 towards her time and trouble when trying to access the official complaints process.
12. The Council should provide us with evidence it has complied with the above actions.

Back to top

Final decision

13. I have completed my investigation of this complaint. This complaint is upheld and the actions outlined above remedy the injustice to Mrs X and Mr Y.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman