Summary: The Council failed to consider Mr X’s complaints under the statutory children’s complaints process. The Council has now agreed to consider Mr X’s complaint at stage 2 of the process.

The complaint

1. Mr X complains the Council failed to provide financial assistance to his family when he began caring for three children under a Special Guardianship Order.
   Mr X says his home became overcrowded when he began caring for the children and the Council agreed to help fund an extension to his home but this never happened.
2. Mr X says as a result of the Council failures he and his family have had to live in cramped and overcrowded conditions.

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The Ombudsman’s role and powers

3. If we are satisfied with a council’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 spoken to Mr X about his complaint and I have considered the information he provided to the Ombudsman.
5. I have also considered the Council’s response to Mr X’s complaint.
6. I have written to Mr X and the Council with my draft decision and given them an opportunity to comment.
7. Under the information sharing agreement between the Local Government and Social Care Ombudsman and the Office for Standards in Education, Children’s Services and Skills (Ofsted), we will share this decision with Ofsted.

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What I found

8. The law sets out a three stage procedure for councils to follow when looking at complaints about children’s social care services. At stage 2 of this procedure, the Council appoints an Independent Investigator and an Independent Person (who is responsible for overseeing the investigation). If a complainant is unhappy with the outcome of the stage 2 investigation, they can ask for a stage 3 review. If a council has investigated something under this procedure, the Ombudsman would not normally re-investigate it unless he considers the investigation was flawed. However, he may look at whether a council properly considered the findings and recommendations of the independent investigation.
9. On 10 May 2019 the Council responded to Mr X’s complaints though it’s corporate complaints process. The Council said Mr X could complain to the Ombudsman if he was unhappy with its response.
10. The Council has accepted that it should have dealt with Mr X’s complaints through the statutory children’s services complaints process. The Council has agreed to investigate Mr X’s complaint at stage 2 of the process.

Agreed action

11. The Council has agreed to consider Mr X’s complaint at stage 2 of the statutory children’s services complaints process. The Council should begin this process immediately.
12. The stage 2 investigation should also consider whether there have been any delays as a result of the Council not dealing with Mr X’s complaint through the correct process and make any appropriate recommendations.
13. The Council has agreed to review its processes and use this case as a learning point to prevent similar events recurring.

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Final decision

14. I have completed my investigation as I have found fault causing an injustice. The action the Council has agreed to take is a suitable way to remedy this.

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Investigator's decision on behalf of the Ombudsman