Summary: We will not investigate Mrs X’s complaint the Council did not consider her wishes when care planning for her children. The Council has agreed to consider the complaint through the statutory complaint’s procedure. Therefore it is not proportionate for us to investigate.

The complaint

1. Mrs X complained the Council failed to consider her views when care planning for her children. She said the Council also failed to consider the wishes of her children set out in an independent report. She said the Council’s actions had left her exhausted. She wants the Council to listen to her children’s voices and investigate her complaint thoroughly.

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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 provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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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 law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. Mrs X’s child is in the care of the local of authority, that means the Council should have followed this procedure when responding to her complaint.
6. We therefore asked the Council to investigate her complaint from stage two of the procedure. At this stage, 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. 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.
7. To its credit, the Council has agreed to start the stage two process from the date we issue our final decision. As we are happy with the Council’s agreed actions, it is not proportionate for us to investigate this complaint.

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Final decision

8. We will not investigate Mrs X’s complaint because the Council has agreed to consider it through the children’s statutory complaint’s procedure.

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Investigator's decision on behalf of the Ombudsman