Summary: The Council has agreed to commission an independent investigation of Mrs M’s complaint at the second stage of the statutory children’s services complaints process. We consider this an appropriate response to her concerns.

The complaint

1. Mrs M complains about a reduction in social care support for her son, B.

Back to top

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 may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
3. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

Back to top

How I considered this complaint

4. I considered information provided by Mrs M and the Council.
5. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

6. Mrs M complained to us on 8 June 2024 following the Council’s decision to reduce the social care support it provides for her son, B.
7. The Council responded to her complaint. An Assistant Director addressed Mrs M’s concerns. However, the Council said it would not commission an independent investigation as it had for a similar complaint Mrs M made in 2023. The Council said it would not be a good use of resources.
8. Unhappy with the outcome, Mrs M complained to us.
9. There is a is a formal procedure, set out in law, which councils must follow to investigate certain types of complaint. It is known as the statutory children’s services complaints process.
10. It involves:
• a written response from the Council (Stage 1);
• the appointment of an independent investigator to prepare a report (Stage 2); and, if the person making the complaint requests
• an independent panel to consider their representations (Stage 3).
11. Mrs M’s complaint is one of those complaints.
12. While we understand the Council’s reservations about the benefits of a further independent investigation, there are no grounds for the Council to refuse.
13. I asked the Council to re-consider. The Council has agreed to commission an independent investigation.
14. Regulations and guidance set out the procedure the Council must follow.
15. We have also published guidance. Our guidance emphasises the need for proportionate investigations. The guidance is available on our website along with further guidance in our complaint handling code.
16. We suggest that investigators produce their own summary of the complaint in a way that supports effective consideration of the matters raised.
17. In Mrs M’s complaint, the key issue I would expect the investigator to consider is the reduction in support for B and whether this is justified by the assessments in light of the Council’s policies and any threshold criteria.
18. The investigator does not need to be independent of the Council but must not be part of the service the complaint is about.
19. If Mrs M is unhappy with the investigation or the outcome, she can ask for a complaint review panel to consider her concerns at the third and final stage.

Back to top

Final decision

20. The Council has agreed to commission an independent investigation of Mrs M’s complaint at the second stage of the statutory children’s services complaints process. We consider this an appropriate response to her concerns.

Back to top

Investigator's decision on behalf of the Ombudsman