Overview:

Key to names used

• Mrs F - The complainant
• J - Her son
• K - Her daughter

Summary

Mrs F complained about the Council’s decision in relation to respite support for her disabled children and about the way it dealt with her complaint.

Finding

Fault found causing injustice and recommendations made.

Recommendations

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

To remedy the injustice caused, we recommend that within three months of the date of this report, the Council should:

• write to Mrs F with an apology and an explanation of why and how the panel reached its decision in June 2021;

• pay her £300 to acknowledge the uncertainty caused;

• pay her £200 to acknowledge the time and trouble she was put to due to fault in the appeal process;

• advise appellants to the appeals panel since April 2021, if they are unhappy with the outcome of the panel they can complain to the Council under the statutory complaints procedure; and

• amend its complaint policy and appeal process to ensure those who raise complaints about children’s services have the opportunity to access the statutory children’s complaints procedure, in line with the law and statutory guidance and provide evidence to us that it has done so.

The Council has already implemented the final recommendation and has agreed to the others.

Ombudsman satisfied with Council's response: 27 July 2023

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