Summary: We will not investigate Ms X’s complaint about a lack of support from the Council’s children’s services. It is reasonable for her to request a stage three review under the statutory children’s complaints procedure.

The complaint

1. Ms X complains the Council has failed to fully investigate her complaint about the support provided by its children’s services, which it considered at stage two of the statutory children’s complaints procedure. She says the lack of support affected her mental health and has caused distress for her whole family. She wants a full investigation into her complaint, suitable compensation for the harm caused to her and her family and the Council to improve its service.

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The Ombudsman’s role and powers

2. 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

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

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My assessment

5. The statutory children’s complaints procedure is a three-stage process 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 about children’s services. Stage two is an independent investigation overseen by an independent person, and stage three is a review by an independent panel. Because of this independent oversight, we expect people to complete the complaints procedure before we will consider whether there were any flaws in how the Council investigated their concerns.
6. Statutory guidance sets out the narrow circumstances in which a complaint can be referred to the Ombudsman without completing all three stages. This can only happen when the stage two investigation is robust with all, or all significant complaints upheld. Councils must show they agree to meet most of the complainant’s desired outcomes and have a clear action plan for delivery.
7. The Council accepted Ms X’s complaint under the statutory procedure. It has completed a stage two investigation, but Ms X is dissatisfied with the outcome. Ms X then brought the complaint to us.
8. We will not investigate this complaint. This case does not meet the criteria for an early referral and Ms X has not yet completed the statutory procedure. It is reasonable for Ms X to ask the Council to escalate her complaint to stage three and for her to complete the statutory process, before we will consider it. If Ms X remains dissatisfied after the stage three review panel, she can bring the complaint back to us for further consideration.

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Final decision

9. We will not investigate Ms X’s complaint because it is reasonable for her to ask the Council to consider her complaint at stage three of the statutory children’s complaints procedure.

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Investigator's decision on behalf of the Ombudsman