West Sussex County Council (21 017 603)

Category : Children's care services > Adoption

Decision : Upheld

Decision date : 04 Apr 2022

The Ombudsman's final decision:

Summary: We will not investigate Mr X’s complaint about the Council’s actions in relation to his daughter whilst she was a looked-after child. That is because the Council has agreed to consider his complaints through the Children’s Statutory Complaints procedure.

The complaint

  1. Mr X complained about the Council’s actions in relation to his daughter Y, whilst she was a looked-after child. He complained about poor care and said the Council did not consider their parental views in its decision making around her care. Although the Council has responded to Mr X’s complaints, he said it failed to discuss these with him and did not respond to all the concerns raised. He wants the Council to review its complaints procedures.

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The Ombudsman’s role and powers

  1. 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 a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

  1. I considered information provided by the complainant and the Council.
  2. I considered the Ombudsman’s Assessment Code.

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My assessment

  1. There is a formal procedure, set out in law, which the Council must follow to investigate complaints made by looked-after children and children in need. This procedure applies to complaints made by parents of these children, who can complain about the Council’s actions in relation to them.
  2. The procedure involves three stages:
    • Stage one - local resolution by the Council. This stage takes between ten and twenty working days.
    • Stage two - an investigation by an independent investigator who will prepare a detailed report and findings to which the council must respond. The independent investigator does not line manage anyone involved in the complaint. If a complainant is still dissatisfied after stage two, they have the right to ask for their complaint to be considered at stage three. A stage two investigation for a complex case should take no more than 65 working days.
    • Stage three - consideration by an independent review panel which may make further recommendations. A review panel should begin within 30 working days of the request.
  3. The Council incorrectly considered Mr X’s complaint under its corporate complaint procedure. During my enquiries, it agreed to start a stage two investigation into Mr X’s complaints through the Children’s Statutory Complaint’s procedure. Therefore, we will not investigate this complaint further as the Council has agreed to take appropriate action to remedy the fault.

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Agreed action

  1. Within 65 working days of my final decision, the Council has agreed to complete a stage two investigation of Mr X’s complaint through the Children’s Statutory Complaints procedure.

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Final decision

  1. We will not investigate Mr X’s complaint because the Council has agreed to consider it through the Children’s Statutory Complaints procedure.

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Investigator's decision on behalf of the Ombudsman

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