Summary: Ms X complains the Council has failed to comply with a remedy from a previous upheld complaint and continues to not adhere to the statutory complaints process. The Ombudsman finds fault with the Council for failing to fully carry out an agreed remedy, and for failing to comply with the statutory complaints process. This has caused Ms X further delay and injustice in addressing the concerns and support for her child. The Council has agreed to make a payment in recognition of distress and delay, and either complete the stage two or start the process again.

The complaint

1. Ms X complains the Council has failed to complete a remedy from previous complaint and continues to not comply with the statutory complaints process.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)

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How I considered this complaint

4. I have considered Ms X’s complaint and information from the Council.
5. I considered comments from Ms X and the Council on a draft of my decision.
6. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

What I found

Legislation and guidance

Statutory complaints process

7. The law 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’, explains councils’ responsibilities in more detail.
8. The first stage of the procedure is local resolution. Councils have up to 20 working days to respond.
9. If a complainant is not happy with a council’s stage one response, they can ask that it is considered at stage two. At this stage of the procedure, councils appoint an investigator and an independent person who is responsible for overseeing the investigation. Councils have up to 13 weeks to complete stage two of the process from the date of request.
10. If a complainant is unhappy with the result of the stage two investigation, they can ask for a stage three review by an independent panel. The council must hold the panel within 30 days of the date of request, and then issue a final response within 20 days of the panel hearing.

What happened

11. Ms X previously made a complaint to the Ombudsman about the Councils children’s services.
12. The complaint was upheld and found the Council had not complied with the statutory complaints procedure. The agreed action from the Council were

• Write to Ms X and apologise for the fault identified
• Pay Ms X £250 in recognition of the time and trouble and distress caused by failing to follow the statutory complaints process.
• Commission a stage 2 investigation under the statutory complaints procedure.
• Review how it ensures the Council is complying with the statutory complaints procedure where a stage two is requested.

13. Ms X contacted the Ombudsman to advise that while the Council had apologised for not assessing her child, made the payment and started the stage 2 investigation. Ms X said the Council had failed to complete the investigation and issue the report.
14. The Ombudsman contacted the Council to ask why it had not completed the process. The Council said there had been issues with the independent person (IO) appointed, and they had not been able to deliver the report within the statutory timescales. The Council advised it did not know when the IO would be able to issue the report, as it was still outstanding and it then also needed to be adjudicated by the Council.

Analysis

15. The Council complied with most of the recommendations from the previous complaint. However, it has yet to complete the stage 2 process and has not complied with the timescales. The Council has been unable to provide a firm date that it thinks it will be able to comply by.
16. The Ombudsman’s previous recommendation was the Council should commission a stage 2 investigation. As part of this recommendation and commission, the Ombudsman would expect the Council to finish and issue the stage 2 findings within the statutory timeframe. By failing to do so, the Council has not fully complied with the previously agreed remedy, and has continued to not comply with the statutory complaints process.
17. This is fault by the Council causing Ms X further distress and uncertainty. Ms X has had to bring a further complaint to the Ombudsman and still does not know if the concerns about the support for her child will be addressed. The delay has also prevented her from being able to escalate her initial complaint to stage three for an independent review panel to hear her concerns if she so wishes.

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Agreed action

18. Within 4 weeks the Council has agreed to

• Apologise to Ms X for the ongoing delay and failure to complete the stage 2 within timeframe.
• Complete the stage 2 process and issue the stage 2 complaint response. If, for whatever reason, this is not achievable, the Council will start the stage 2 process again and provide the Ombudsman with its timescales for completion, without further delay. The Council will provide the Ombudsman with timeframe for restarting and completing the process. 
• Pay Ms X £100 in recognition of the further injustice caused.

19. The Council should provide us with evidence it has complied with the above actions.

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Final decision

20. I have now completed my investigation. I find fault with the Council for failing to fully comply with a remedy, and for failing to comply with the statutory complaints process.

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Investigator's decision on behalf of the Ombudsman