Summary: We have upheld Miss X’s complaint because the Council delayed considering this under the statutory children’s complaints process. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X.

The complaint

1. Miss X complains the Council has failed to provide suitable support with her child’s behaviour and has refused to complete stage 3 of the statutory children’s complaint process, causing distress.

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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)
3. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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How I considered this complaint

4. I considered information provided by Miss X and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. We expect councils to complete the statutory children’s complaints process before we will consider a complaint.
7. If we were to investigate it is likely we would find fault causing Miss X injustice because the law does not allow the Council to refuse a stage 3 panel review based on Miss X’s behaviour or risks to staff. Rather statutory guidance makes clear Miss X has the right to go to stage 3 and “it will be at the Chair’s discretion to suspend or defer proceedings in exceptional circumstances where required, including the health and safety of all present.”
8. We therefore asked the Council to consider remedying the injustice caused by taking the following actions to resolve the complaint early:
• Provide an apology to Miss X taking account of our guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice; and
• Pay Miss X £100 for distress arising due to the delay, within one month of this decision.
• Arrange to convene and hold the stage 3 review panel within 30 working days of this decision. It will be for the Panel Chair to decide how the panel should be conducted.

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Agreed action

9. To its credit the Council agreed to resolve the complaint and will complete the actions at paragraph 8, to put things right.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman