Summary: We will not investigate this complaint that the Council delayed considering a complaint at stage two of the children’s statutory complaints procedure. This is because a response has now been sent and the Council has provided an appropriate payment to remedy the time and trouble its delay has caused the complainant. Therefore, further investigation would not lead to a different outcome.

The complaint

1. The complainant, who I will call Miss X, complains about a number of matters relating to the Council’s involvement with her child. Miss X asked the Council to investigate her complaint at stage two of the Children Act statutory complaints procedure but did not receive a response.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6))

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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 Council has recently sent its stage two response to Miss X. It apologised to Miss X for the delay and offered to make a payment to her of £300 in recognition of these delays and for the time and trouble she has gone to pursuing her complaint. It has said that some of the issues Mrs X raised relate to her child’s stay in hospital, and these matters will be responded to separately in the coming week or so, once healthcare staff have considered the stage two report and the Council’s response.
6. I will not investigate Miss X’s complaint. This is because any further investigation would not lead to a different outcome. The Council has now provided a response and has said that a further response addressing the outstanding elements of the complaint will be provided in the coming weeks. It has apologised for the delay and provided an appropriate remedy.

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Final decision

7. We will not investigate Miss X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman