Summary: We will not investigate this complaint about the actions of the Council’s children’s services. It is reasonable to expect Mrs X to request a stage three review of her complaint.

The complaint

1. Mrs X complained the Council failed to investigate her safeguarding concern about her son’s assessment centre. She also complained the Council did not support the education of her son or ensure his health needs were being met.
2. Mrs X said this caused stress, doubt and distress for her son and herself, and it meant her son missed his education. 
3. Mrs X would like the Council to make a service change so a similar future event can be avoided.

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The Ombudsman’s role and powers

4. 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: it would be reasonable for the person to ask for a council review or appeal.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

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

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My assessment

7. The Children Act 1989 Representations Procedure (England) Regulations 2006 (the Regulations) 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’ (the Guidance), explains councils’ responsibilities in more detail. We also published practitioner guidance on the procedures, setting out our expectations.
8. If a complainant is not happy with a Council’s stage one response, they can ask it to be considered at stage two. 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.
9. Mrs X’s complaint completed stage two before she came to us with her complaint.
10. We would expect complainants to complete the statutory complaints process before coming to the Ombudsman. The legislation and statutory guidance for children’s service complaints says stage three panels are independent of the Council.
11. It would be reasonable to expect Mrs X to request a stage three panel review before coming to the Ombudsman. Therefore, we will not investigate this complaint.

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Final decision

12. We will not investigate Mrs X’s complaint because it is reasonable to expect Mrs X to request a stage three panel review of her complaint.

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Investigator's decision on behalf of the Ombudsman