Summary: We will not investigate Mr X’s children services’ complaint because there are no sufficient reasons to justify our reinvestigating a matter which has had a full Children Act statutory complaints’ procedure investigation. We are unlikely to achieve a significantly improved remedy for complaint delays.

The complaint

1. Mr X says the Council’s own internal investigation identified failures which led to a child’s death. He would like further apologies to those already given and a symbolic payment.

Back to top

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:

• we cannot achieve the outcome someone wants; or
• there is no worthwhile outcome achievable by our investigation.
  (Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by Mr X and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Tragically a member of Mr X’s family, Y, died. The Council carried out a Children Act statutory complaints’ procedure investigation and found some faults in the Council’s actions. It offered its ‘sincerest apologies’ and £2000 for the time and trouble in continuing their complaint.
6. The statutory children’s complaints procedure was set up to provide children, young people and those involved in their welfare with access to an independent, thorough and prompt response to their concerns. Because of this, if a council has investigated something under the statutory children’s complaint process, the Ombudsman would not normally re-investigate it.
7. We understand the local children safeguarding board completed a child death review. And there has been a coroner’s inquest.
8. Given the Council’s investigation and these two other inquiries, I see no reasons to justify our investigation.
9. The Council’s complaint process took longer than the Regulations set out. The Council has provided a payment for the effect of this delay and that exceeds any recommendation we would make. Our investigation into the complaint process would be unlikely to reach a significantly improved amount.

Back to top

Final decision

10. We will not investigate Mr X’s complaint because there are no sufficient reasons to justify our reinvestigating a matter which has had a full Children Act statutory complaints’ procedure investigation. We are unlikely to achieve a significantly improved remedy for any complaint delays.

Back to top

Investigator's decision on behalf of the Ombudsman