Summary: Ms X complained the Council delayed investigating her complaint via the statutory children’s complaint procedure and failed to carry out recommendations it agreed to as part of the process. Ms X says the Council’s actions caused her avoidable stress and frustration. We found fault by the Council. The Council has agreed to provide an apology and financial remedy to Ms X and to carry out the actions it agreed to as part of the statutory complaints process.

The complaint

1. Ms X complained the Council delayed investigating her complaint via the statutory children’s complaint procedure and failed to carry out the recommendations it agreed to as part of the process. Ms X says the Council’s actions caused her avoidable stress and frustration and significantly affected her trust in the Council. She would like the Council to carry out the actions it agreed to and provide a financial remedy.

Back to top

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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. When considering complaints, we make findings based on the balance of probabilities. This means that we look at the available relevant evidence and decide what was more likely to have happened.
4. If we are satisfied with an organisation’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)

Back to top

What I have and have not investigated

5. I have investigated the complaint referred to in paragraph one of this decision statement. I have not re-investigated the complaints already considered by the Council as part of the statutory children’s complaints procedure.

Back to top

How I considered this complaint

6. I considered evidence provided by Ms X and the Council as well as relevant law, policy and guidance.
7. Ms X and the Council had an opportunity to comment on a draft of this decision. I considered their comments before making a final decision.
8. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

Back to top

What I found

Statutory children’s complaints procedure

9. 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.
10. However, we may consider whether a council properly considered the findings and recommendations of the independent investigation and review panel, and whether it has completed any recommendations without delay.
11. The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. The accompanying statutory guidance, ‘Getting the Best from Complaints’, explains councils’ responsibilities in more detail. We also published practitioner guidance on the procedures, setting out our expectations.
12. The first stage of the procedure is local resolution. Councils have up to 20 working days to respond.
13. If a complainant is not happy with a council’s stage one response, they can ask that it is considered at stage two. At this stage of the procedure, councils appoint an investigating officer (IO) to look into the complaint and an independent person (IP) who is responsible for overseeing the investigation and ensuring its independence.
14. Following the investigation, a senior manager (the adjudicating officer) at the council should carry out an adjudication. The officer considers the IO report and any report from the IP. They decide what the council’s response to the complaint will be, including what action it will take. The adjudicating officer should then write to the complainant with a copy of the investigation report, any report from the independent person and the adjudication response.
15. The whole stage two process should be completed within 25 working days, but guidance allows an extension for up to 65 working days where required.
16. If a complainant is unhappy with the outcome of the stage two investigation, they can ask for a stage three review by an independent panel. The council must hold the panel within 30 working days of the date of request, and then issue a final response within 20 working days of the panel hearing.

Background

17. This chronology includes key events in this case and does not cover everything that happened.
18. In March 2023, the Council carried out a Child and Family Assessment regarding Ms X and her family.
19. Ms X complained to the Council in May 2023 about its actions regarding the assessment.
20. Ms X was unhappy with the Council’s complaint response and brought the complaint to us.
21. In November 2023, we upheld Ms X’s complaint. The Council agreed to carry out a stage two investigation via the statutory children’s complaint procedure.

What happened

22. The Council started its stage two investigation in December 2023. The Investigating Officer (IO) discussed the complaint with Ms X and identified several points of complaint for investigation.
23. In January 2024, the IO produced their investigation report which upheld the majority of Ms X’s complaints.
24. In February 2024, the Council’s adjudicating officer provided their response regarding the IO’s investigation report. The adjudicating officer apologised for the delay in sending the response and agreed with the findings of the IO.
25. In March 2023, Ms X asked the Council to consider her complaints at stage three of the statutory children’s complaint process.
26. Ms X attended an online stage three panel hearing in July 2024.
27. The panel agreed with the findings of the stage two investigation but considered the finding of one of the complaints found to be ‘partially upheld’ at stage two should be changed to ‘upheld’. The panel also set out a number of recommended actions for the Council to carry out as a result of the investigation.
28. In August 2024, the Council provided Ms X with its final complaint response, setting out the panel’s recommendations and the actions the Council agreed to take.

What happened next

29. Ms X brought her complaint to the Ombudsman. She said the Council had incurred delays in the complaint process and had not carried out the actions it had agreed to.

Analysis – the Council’s complaint handling

30. In its response to my enquiries, the Council acknowledged it incurred delays in handling Ms X’s complaint. The Council says this was due to staff changes and that it tries as far as possible to minimise the impact of such changes. The Council says it apologised to Ms X as part of its correspondence with her at the time.
31. I acknowledge the Council’s comments, and the apology provided to Ms X as part of the stage two adjudication letter. However, there is evidence of additional delay after the stage two response.
32. Ms X requested a stage three hearing in early March 2024; the hearing did not take place until mid-July 2024. This is considerably more than the timeframe of 30 working days as set out in the statutory complaints procedure. This delay is fault causing injustice to Ms X, namely distress and frustration, and additional time and trouble in pursuing the complaint.

The agreed actions following the stage three hearing

33. The Council agreed to carry out several actions following the stage three hearing. The Council has confirmed it has completed some of these actions, including:
• Sharing the learnings from the complaint investigation between relevant Assistant Directors at the Council
• Incorporating the findings of the investigation (with the identity of Ms X and her family anonymised) and the lessons learned into several training workshops for relevant officers
• Arranging a meeting between relevant service managers to discuss the lessons learned, and reminding officers of the Council’s handbook on delegated authority
• Using a tracker and regular reports and meetings to monitor the progression of complaints
34. It is positive the Council has taken the above action. However, the Council has also acknowledged it is unable to find evidence it carried out several other agreed actions.
35. I acknowledge Ms X says the Council did not carry out some of these actions. I have also considered the Council’s comments that it can find no evidence to the contrary. As a result, on the balance of probabilities, it is more likely than not the Council did not complete all the recommendations it agreed to as part of the statutory complaints process. This is fault.
36. Having identified fault, I must consider if this caused an injustice to Ms X. I acknowledge Ms X’s comments that the Council’s actions caused her avoidable distress and frustration. Ms X also says the matter has negatively impacted her trust in the Council.

Back to top

Action

37. To address the injustice identified, the Council has agreed to carry out the following action within one month of the final decision:
1. Provide an apology to Ms X for the fault identified. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology I have recommended in my findings;
2. Make a symbolic payment of £200 to Ms X in recognition of the time and trouble caused by the fault in the Council’s complaint handling;
3. Make a further symbolic payment of £200 to Ms X in recognition of the distress and frustration caused by the Council’s failure to carry out all agreed actions;
4. Provide Ms X with all missing documents not previously shared, including safety plans, care plans, and Child and Family Assessments;
5. Arrange a meeting between Ms X, the complaints service, the contextual safeguarding team and social work team to clarify what work has taken place regarding safety planning and how this will be taken forward;
6. The relevant service manager to provide an explanation to Ms X as to what delegated authority is and when it is necessary to use it;
7. Remind staff of timescales as set out in the children’s statutory complaints procedure, and
8. Remind staff to complete recommendations agreed by the Council as part of the statutory children’s complaints procedure within the agreed timescales.
38. The Council should provide us with evidence it has complied with the above actions.

Back to top

Decision

39. I have found fault by the Council causing injustice to Ms X. The Council has agreed to take the above action to address the injustice identified and I have therefore concluded my investigation.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman