Summary: We will not investigate this complaint about the Council blocking Miss X’s complaint. There is not enough evidence of fault by the Council to warrant investigation.

The complaint

1. Miss X said the Council failed to make reasonable adjustments for her disability and thus blocked her complaint.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating.(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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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. Miss X said the Council had wrongly refused to allow her to explain her complaint verbally in a way that is necessary because of her disability.
6. In making reasonable adjustments for a person who is unable to complain in writing, we would expect the Council to allow them opportunity to do so verbally in a way that is reasonable. Once that has happened, it is for the Council to respond to it.
7. The Council arranged for an advocate to meet Miss X to take her complaint verbally before starting a Stage 2 investigation under the statutory process for children’s social care complaints. It then sent her a summary of the points of complaint the advocate had recorded and said it would investigate them It also gave reasons why it would not investigate further matters raised by Miss X since then. Finally, it confirmed it had changed the investigating officer as Miss X had requested. That Miss X takes the view it should again engage verbally with her before investigating is not evidence of fault. She is welcome to return to us regarding the substantive matters she has complained of to the Council if she remains dissatisfied after it has completed all stages of the complaints process.

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Final decision

8. We will not investigate Miss X’s complaint because there is not enough evidence of fault in how the Council has sought to progress Miss X’s complaint to warrant investigation.

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Investigator's decision on behalf of the Ombudsman