Summary: We will not investigate Mrs X’s complaint about the Council’s decision to cease a care package for her child, Y. This is because the Council considered the complaint via the statutory children’s complaints process. There is insufficient evidence of fault and an investigation by the Ombudsman is unlikely to add anything further.

The complaint

1. Mrs X complained the Council withdrew a care package for her child, Y, who has disabilities.
2. Mrs X said the matter caused her frustration and distress.

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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 could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

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

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My assessment

6. We will not investigate Mrs X’s complaint. This is because the Council considered the complaint via the statutory children’s complaints process.
7. 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.
8. The Council properly considered the complaint via the statutory children’s complaint process. It found no fault in the decision to cease Y’s care package.
9. Because the Council properly considered the complaint, there is insufficient evidence of fault to warrant an investigation, and we could not add to the investigation previously conducted by the Council. Therefore, we will not investigate this complaint.

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Final decision

10. We will not investigate Mrs X’s complaint because there is insufficient evidence of fault and an investigation by the Ombudsman is unlikely to add anything further.

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Investigator's decision on behalf of the Ombudsman