Summary: We have discontinued our investigation into Mr and
Mrs B’s complaint because the issues they complain about have not yet been fully addressed by the Council. The Council is currently considering its stage 2 response to their complaint, and it would be reasonable to allow it the opportunity to investigate and reply.

The complaint

1. The complainants, whom I refer to as Mr and Mrs B, complain about the Council’s social work involvement with their grandchildren (for whom Mr and Mrs B were also primary carers until October 2019).

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The Ombudsman’s role and powers

2. The law says we cannot normally investigate a complaint unless we are satisfied the council knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the council of the complaint and give it an opportunity to investigate and reply (Local Government Act 1974, section 26(5))

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How I considered this complaint

3. I considered information from Mr and Mrs B and the Council.
4. Mr and Mrs B and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

5. Mr and Mrs B originally complained to the Ombudsman in 2017. Among other things, they said they were unhappy because their grandchildren had had eight social workers since the Council began its involvement with the family.
6. The Council acknowledged some failures and apologised, although it noted that it had little control over when its members of staff left their jobs. Mr and Mrs B did not seek to continue the complaint at that point.
7. Mr and Mrs B made a further complaint in October 2019. They complained, again, about the number of social workers their grandchildren had been allocated. They also made complaints about how the Council managed their grandchildren’s return to their mother’s care (after the children had lived with Mr and Mrs B for several years).
8. The Council responded at stage 1 of its corporate complaints procedure, and explained its actions. Mr and Mrs B were dissatisfied with this response; however, the Council initially refused to progress their complaint to stage 2 of its procedure, so they approached the Ombudsman.
9. Since that point, Mr and Mrs B have communicated further with the Council, and it has agreed to consider the matter at stage 2 of its complaints procedure and to respond.
10. Given that the Council still intends to answer Mr and Mrs B’s complaint, and that – in my view – it would be reasonable to allow it the opportunity to do so, I cannot investigate the complaint.
11. Because of this, I will discontinue my investigation.

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Final decision

12. I have discontinued my investigation. Mr and Mrs B’s complaint has not yet been fully answered by the Council.

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Investigator's decision on behalf of the Ombudsman