Summary: We will not investigate this complaint about the Council’s actions relating to a Looked After Child. The Council has already investigated the complaint under the three-stage Children Act 1989 complaint procedure, and it is unlikely we would find fault in the way it conducted that investigation or considered the findings.

The complaint

1. Mr and Mrs X complained about the Council’s actions while their child (Y), was in its care. They said the Council’s communication was poor and it delayed returning their child home, for no good reason. They said this meant Y remained in an unsuitable placement for too long.
2. Mr and Mrs X say the Council’s actions caused them and their family significant distress and they have suffered a large financial loss consequently.

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The Ombudsman’s role and powers

3. 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, or we cannot achieve the outcome someone is looking for. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
4. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)
5. The law says we cannot normally investigate a complaint when someone could take the matter to court. However, we may decide to investigate if we consider it would be unreasonable to expect the person to go to court. (Local Government Act 1974, section 26(6)(c), as amended)

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How I considered this complaint

6. I considered information provided by the complainant and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. 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.
9. However, we may look at whether there were any flaws in the stage two investigation or stage three review panel that could call the findings into question. We may also consider whether a council properly considered the findings and recommendations of the independent investigation and review panel. We can also consider whether any proposed remedies by the Council are sufficient.
10. I have considered the documents from Mr and Mrs X’s complaint, and I note that:
• each part of the complaint was considered and addressed by the Council;
• the investigator, at stage two made references to case records and relevant guidance;
• on the points of the complaint which were not upheld, the findings of the stage two investigator do not appear obviously unreasonable, given the evidence summarised in the report;
• the Council’s adjudication at stage two, after the investigation, overturned some of the investigator’s findings against its favour, and;
• the stage three panel also made changes to the stage two findings.
11. Given my considerations here, it is unlikely we would find fault in how the Council conducted the investigation or considered the findings at stage two or stage three.
12. The Council, at its stage three adjudication, agreed with the stage three panel’s findings, and on the substantive complaint it upheld, it accepted it had caused distress to Mr and Mrs X and their family. It offered them a symbolic remedy of £4000 in recognition of this. Because this amount is in line with our guidance on remedies, it is unlikely we would find fault it decided this was an appropriate remedy.
13. Because I have not seen any evidence of fault in how the investigation and findings was considered, I will not investigate.
14. In any case, as to the Council’s offer of a financial remedy payment, we could not achieve anything more than this. Mr and Mrs X stated their financial loss was in the amount of several tens of thousands of pounds.
15. We cannot provide compensation to the amounts they are seeking. Any financial remedies we may offer or recommend the Council offer, are very small symbolic amounts to represent the injustice. We direct persons who are seeking large amounts of compensation to the courts.

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Final decision

16. We will not investigate Mrs and Mrs X’s complaint because is unlikely we would find fault.

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Investigator's decision on behalf of the Ombudsman