Summary: The Ombudsman finds fault with the Council for failing to use the statutory complaints procedure to investigate Ms B’s complaint. This means Ms B did not get answers to some aspects of her complaint and was denied an independent investigation. The Council has agreed actions to remedy the injustice.

The complaint

1. Ms B complains about the social worker allocated to her family while her son, Child C, was subject of a child in need plan.
2. She complains about:
• unprofessional behaviour and attitude;
• failing to carry out actions and referrals agreed in meetings;
• failing to accommodate and understand Ms B’s needs and disabilities;
• failing to follow guidelines and explain safeguarding procedure; and
• poor and hostile communication.
3. Ms B also complains about the behaviour and communication from her social worker’s manager.
4. Ms B says C missed out on provision and did not make the progress she would expect whilst on a child in need plan. She says this caused her significant distress and affected her health and wellbeing.

Back to top

The Ombudsman’s role and powers

5. 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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
6. If we are satisfied with a council’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)
7. We have the power to start or discontinue an investigation into a complaint within our jurisdiction. We may decide not to start or continue with an investigation if we think the issues could reasonably be, or have been, raised within a court of law. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
8. Under the information sharing agreement between the Local Government and Social Care Ombudsman and the Office for Standards in Education, Children’s Services and Skills (Ofsted), we will share this decision with Ofsted.

Back to top

How I considered this complaint

9. I spoke to Ms B and considered all the information she provided with her complaint. I made enquiries of the Council and considered its response along with the law and guidance below.
10. Ms B and the Council had the opportunity to comment on my draft decision and I carefully considered all the comments I received.

Back to top

What I found

11. The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. The accompanying statutory guidance, Getting the Best from Complaints, explains councils’ responsibilities in more detail.
12. The first stage of the procedure is local resolution. Councils have up to 20 working days to respond.
13. If a complainant is not happy with a council’s stage one response, they can ask that it is considered at stage two. The guidance says once a council has accepted a complaint at stage one, it must ensure the complaint continues to stage two and three if that is the complainant’s wish.
14. At stage two of the procedure, councils appoint an investigator and an independent person who is responsible for overseeing the investigation. If a complainant is unhappy with the outcome of the stage two investigation, they can ask for a stage three review by an independent panel.
15. The guidance says who can complain and what they can complain about. For example, a complaint may arise as a result of many things relating to statutory social services functions such as:
• concern about the quality or appropriateness of a service;
• delivery or non-delivery of services including complaints procedures;
• quantity, frequency, change or cost of a service;
• attitude or behaviour of staff; and
• the impact on a child or young person of the application of a local authority policy.
16. The Ombudsman would normally expect a council and complainant to follow the full complaints procedure. The guidance sets out the circumstances in which a complaint can be referred to the Ombudsman without completing all three stages. This can only happen when the stage two investigation is robust with all complaints upheld. Councils must show they agree to meet most of the complainant’s desired outcomes and have a clear action plan for delivery.
17. In March 2015, the Ombudsman published a thematic report highlighting learning from its investigations into the Children Act complaints system, ‘Are we getting the best from children’s social care complaints?’. A common issue raised was councils failing to recognise a Children’s Services complaint and using the wrong procedure. The report gave councils advice about how to avoid this fault.
18. Councils can use discretion to extend the procedure to include other areas of complaint.

What happened

19. Child C was made subject of a child in need plan and the family were allocated a social worker.
20. Ms B first complained about the social worker in July 2018.
21. In October 2019 Ms B made another complaint to the Council about the social worker and her manager. She requested a change of social worker.
22. The Council responded at stage one of its corporate complaints procedure.
23. Ms B was not satisfied with the response and outlined her outstanding concerns. She felt the Council’s response failed to address all aspects of her complaint.
24. The Council responded at stage two of its corporate complaints procedure and upheld the stage one response and decision not to change the social worker. The stage two investigation was carried out by an officer from the Council’s complaints service with no external oversight.
25. Ms B remained dissatisfied and complained to the Ombudsman.
26. The Council has since initiated court proceedings in respect of C.

My findings

27. When Ms B complained in October 2019 C was subject of a child in need plan. Her complaint was about various aspects of the statutory social services functions. Therefore, the original complaint was within the scope of the statutory complaint procedure. The Council responded to Ms B’s complaint through its corporate complaints procedure.
28. The Council failed to use the correct procedure and this is fault.
29. Consequently, Ms B has not received answers to each part of her complaint and has been denied the opportunity for independent oversight at stage two. She has also been put to the time and trouble of contacting the Ombudsman to seek redress.
30. Ms B made subsequent complaints when C had been made subject of a child protection plan. This part of the complaint is outside the statutory complaint procedure, but as the original complaint pre-dates this the Council should consider using its discretion to investigate all matters together.

Agreed action

31. Within four weeks of my decision the Council agrees to:
• Apologise to Ms B for the failure to use the correct complaint procedure.
• Pay Ms B £100 in recognition of the time and trouble she has been put to in contacting the Ombudsman to pursue her complaint.
• Issue a reminder to staff dealing with complaints of the circumstances when the statutory complaint procedure should be used for Children’s Services complaints.

32. Within four weeks of court proceedings being completed the Council agrees to:
• Appoint an investigating officer and independent person to carry out a statutory stage two investigation. The Council should ensure the statutory timescales are met.
33. The Council should provide the Ombudsman with evidence it has completed the above actions.

Back to top

Final decision

34. I find fault with the Council for failing to use the statutory complaint procedure.

Back to top

Investigator's decision on behalf of the Ombudsman