Summary: We uphold this complaint that the Council did not use the statutory procedure for complaints about children’s services to respond to Mrs X’s complaint. The Council has agreed to resolve the matter by providing a suitable remedy for the injustice caused to Mrs X.

The complaint

1. Mrs X complained about a Council decision regarding a financial assessment. She said the Council had not considered her complaint properly.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. 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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How I considered this complaint

4. I considered information provided by the complainant and the Council, and the Ombudsman’s Assessment Code.
5. I have not considered the substantive matter Mrs X complained about. She is welcome to return to us if this matter is not resolved to both parties’ satisfaction by the Council via the statutory complaints procedure for children’s complaints.

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My assessment

6. Mrs X complained to the Council regarding a financial assessment that led to the ending of special guardianship allowance payments. The complaint falls to be considered under the statutory procedure for complaints about children’s services. Mrs X complained to the Ombudsman that the Council had failed to deal properly with her complaint.
7. Mrs X has shown that she complained to the Council, and that it did not use the statutory process to consider her complaint.
8. If we were to investigate it is likely we would find fault causing Mrs X injustice, in that the Council failed to address her complaint via the correct process, delaying resolution of the matter.

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Agreed action

9. We invited the Council to immediately start an investigation of Mrs X’s complaint at Stage 2 of the statutory procedure. The Council has agreed to resolve the complaint by doing so.

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Final decision

10. We have upheld this complaint. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mrs X.

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Investigator's decision on behalf of the Ombudsman