Summary: We will not investigate Ms X’s complaint about the Council’s assessment of her child’s needs. The Council has considered her complaint under the statutory children’s complaints procedure. An investigation is unlikely to lead to a different outcome.

The complaint

1. Ms X complained the Council did not consider the Chronically Sick and Disabled Persons Act 1970 in its assessments of her child, Y’s needs. She said this was discrimination and means he has missed out on appropriate support.

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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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome.

(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 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.
6. The Council has considered Ms X’s complaint at all three stages of the statutory procedure. It upheld her complaint and accepted its previous assessments did not follow the correct framework. It apologised to her and offered Y a fresh assessment. It also set out actions it would take to improve its assessment processes and said it would provide training for relevant officers. It offered her £300 in recognition of the frustration and distress caused and the time and trouble taken to bring her complaint.
7. It did not uphold her complaint about discrimination. It said although the investigation had identified ways the Council could improve its assessment processes, it had not found sufficient evidence to conclude that previous assessments were discriminatory.
8. We will not investigate this complaint. The Council has considered her complaint under the statutory procedure. There is insufficient evidence of fault in how it considered the matter and so will not re-investigate.
9. It has apologised and offered Ms X a fresh assessment of Y’s needs which will include consideration of its responsibilities under the Chronically Sick and Disabled Person’s Act 1970. It has also offered a suitable financial remedy for the frustration and distress caused. These are appropriate actions. An investigation by us would be unlikely to lead to a different outcome.

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Final decision

10. We will not investigate Ms X’s complaint because an investigation would be unlikely to lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman