Summary: We will not investigate Mr X’s complaint about the Council’s actions relating to concerns he raised about his children’s welfare. This is because the Council has already investigated using the three-stage Children Act complaint procedure and we could not add to that investigation. Additionally, the Council will take action to remedy the injustice caused by delays in that procedure.

The complaint

1. Mr X complained the Council ignored his concerns and children’s needs. He also complained about the Council’s role in a child arrangement order he had.
2. Mr X complained the Council caused him distress which has had a big impact on his mental state.

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The Ombudsman’s role and powers

3. 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 an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. Mr X complained about the Council’s actions relating to his concerns raised about his children’s welfare and also complained about the Council’s failure to support him seeing his children.
7. The Council investigated Mr X’s complaint using the three-stage Children Act complaint procedure.
8. If a complaint has already been through the three-stage Children Act complaints procedure, this means the complainant has already had access to an independent investigation.

9. Consequently, the Ombudsman will not normally re-investigate such a complaint unless we have reason to believe the previous investigation was flawed.
10. I have considered the documents from Mr X’s complaint, and I note that:
• Each part of the complaint was considered and addressed by the Council.
• The investigation reports refer to relevant case records.
• I have seen no evidence from Mr X which obviously undermines the Council’s findings.
11. Because of this, it is unlikely I would be able to add anything significant to what the Council has already said. This means it would not be a proportionate use of public money to investigate.

12. However, the Council accepted delays in it completing the procedure, which was around five months.
13. I therefore asked the Council to consider remedying Mr X’s injustice by paying Mr X a £250 symbolic financial remedy to resolve this part of the complaint. To its credit, the Council agreed to do this within two weeks of my final decision.

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Final decision

14. We will not investigate this complaint. When considering this complaint, the Council agreed to pay Mr X £250 to remedy the injustice caused in the Council’s delays in considering Mr X’s complaint. And we could not add to the earlier investigation.

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Investigator's decision on behalf of the Ombudsman