Summary: The Ombudsman will not investigate this complaint about the way the Council dealt with issues affecting the complainant’s son, a child with multiple disabilities. This is because it is unlikely we could add to the Council’s previous investigation, or that further investigation by us would lead to a different outcome or the outcome wanted.

The complaint

1. The complainant, who I refer to as Miss Y, says that the Council:
• Did not follow its policies and procedures in dealing with a safeguarding allegation made by her son;
• Failed to properly address its admitted faults in the process; and
• Its redress proposals are insufficient to remedy these failings.

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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’. We provide a free service, but must use public money carefully. We may decide not to start or continue with an investigation if we believe:

• it is unlikely we could add to any previous investigation by the Council, or
• it is unlikely further investigation will lead to a different outcome, or
• we cannot achieve the outcome someone wants, or

• there is another body better placed to consider the complaint.

(Local Government Act 1974, section 24A(6), as amended)

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How I considered this complaint

3. I read what Miss Y has told us about her complaint and the information provided by the Council. This included the investigation report and complaint responses. I also sent Miss Y a copy of the draft decision for her comment.

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What I found

4. Miss Y complained to the Council about the way the social care team had dealt with a safeguarding issue in 2017 affecting her son, who has multiple disabilities. She said that the process had been flawed, there were delays and communication and service failures. It also failed to progress a child in need plan and respond to a query about direct payments.
5. Miss Y’s complaints were investigated, and mostly upheld, by an independent person. Recommendations were made, including about the completion of written assessments and records of referrals, and communications of decisions in writing. The Council accepted the findings, apologised for its failings and confirmed the action being taken to address these. It offered Miss Y £250 in compensation as recognition of the significant delay in progressing the complaint.
6. Miss Y did not accept the outcome. She said the report had not gone far enough, actual changes should be made now, and staff held accountable their actions. Her complaints, and the investigator’s findings were reviewed by an independent panel, as the last stage of the Council’s complaint process. The panel agreed with four of the investigator’s recommendations and fully upheld two which had been partially upheld. They concluded that five complaints should be fully upheld, and one should remain inconclusive.

Assessment

7. Miss Y has said the increase in direct payments, which the Council agreed to backdate to 28 June 2018, should be backdated to 2017 or 2016. Following the independent investigating officer’s report, the Council reviewed the assessments made before June 2018. It did not agree to backdate the increase any further. It is unlikely any further investigation by us would add to the independent investigator's findings.
8. Miss Y’s says that nothing has changed since her complaints were upheld. She wants compensation for the impact on her and the family’s health and mental wellbeing. And for those responsible for the service failures to be held accountable and fired by the Council.
9. But it is unlikely any further investigation by us would add to the findings of fault made by the independent investigator or lead to different redress in Miss Y’s case. The Council has apologised and set out the action being taken to address its failings. It is unlikely we would recommend any additional outcomes.
10. It also offered compensation of £250. I appreciate Miss Y and her family have been through a very difficult time. But it is unlikely we would recommend a remedy payment of more than this.
11. We cannot investigate complaints about individuals employed by the Council or tell it to take disciplinary action against them, so would not be able to achieve this outcome. Concerns about actions of particular individuals may be referred to the Health & Care Professions Council, the regulator for social workers in England.

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Final decision

12. I will not investigate this complaint. This is because it is unlikely we could add to the Council’s previous investigation, or that further investigation would lead to a different outcome or the outcome wanted.

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Investigator's decision on behalf of the Ombudsman