Cheshire West & Chester Council (18 017 941)
Category : Adult care services > Transition from childrens services
Decision : Upheld
Decision date : 20 May 2019
The Ombudsman's final decision:
Summary: The Ombudsman will not investigate Mr A’s complaint about the Council failing to offer a financial payment for the injustice he has suffered. This is because the Council has offered Mr A £500 for its failure to implement a transition plan plus an additional £250 for the time and trouble he has encountered pursuing a complaint. The Ombudsman is satisfied this remedies the injustice caused to Mr A.
The complaint
- Mr A’s representative complained to the Ombudsman on his behalf following a full investigation by the Council into its failure to plan for his transition from children’s to adults’ services. Mr A was satisfied with the services the Council has agreed to implement following the investigation but felt he should receive a financial remedy.
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 must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:
- it is unlikely we would find fault, or
- the fault has not caused injustice to the person who complained, or
- the injustice is not significant enough to justify our involvement, or
- it is unlikely we could add to any previous investigation by the Council, or
- it is unlikely further investigation will lead to a different outcome.
(Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I discussed the concerns with Mr A’s representative and considered the information she and the Council provided.
What I found
- Mr A asked the Ombudsman to consider whether he should receive a financial payment for the injustice caused to him from the Council’s failure to plan for his transition from children’s to adults’ services.
- The Council agreed and offered Mr A a payment of £500 for the failure to plan for his transition to adulthood and the impact this had on him and £250 for his time and trouble pursuing the complaint.
Final decision
- The Ombudsman will not investigate this complaint. This is because the Council has offered Mr A £500 for its failure to implement a transition plan plus an additional £250 for the time and trouble in pursuing a complaint. The Ombudsman is satisfied this remedies the injustice caused to Mr A.
Investigator’s final decision on behalf of the Ombudsman
Investigator's decision on behalf of the Ombudsman