Summary: We will not investigate Mr X’s complaint about a delay in applying for a biometric card as there is insufficient injustice caused to Mr X.

The complaint

1. The complainant, whom I shall call Mr X, says the Council delayed in applying for a biometric card for him.

Back to top

The Ombudsman’s role and powers

2. We investigate 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 continue an investigation if we decide:
• any fault has not caused injustice to the person who complained, or
• any injustice is not significant enough to justify our involvement. (Local Government Act 1974, section 24A(6), as amended)
3. We do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

6. Mr X says he was an unaccompanied child asylum seeker. The Council obtained a Court Care Order in 2018. Mr X says in 2021 the Council delayed in applying for a biometric card. He says this has delayed his application for a driving licence and delayed him learning to drive. He says this means he is behind his peers. He also says he it has prevented him from travelling abroad. He has provided no details on what specifically he has missed out on. He says it stopped him obtaining part time work whilst he was at college. But has not provided any details.
7. Mr X now has the biometric card.
8. Mr X complained to the Council.
9. The law sets out a three-stage procedure for councils to follow when looking at complaints about some children’s social care services. The accompanying statutory guidance, ‘Getting the Best from Complaints’, explains councils’ responsibilities in more detail.
10. The first stage of the procedure is local resolution. Councils have up to 20 working days to respond.
11. 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 investigator and an independent person who is responsible for overseeing the investigation. Councils have up to 13 weeks to complete stage two of the process from the date of request.
12. 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 days of the date of request, and then issue a final response within 20 days of the panel hearing.
13. If a council has investigated something under the statutory children’s complaint process, the Ombudsman would not normally re-investigate it unless we consider the investigation was flawed. However, we may look at whether a council properly considered the findings and recommendations of the independent investigation.
14. The Council concluded its stage three in March 2022. It concluded the delays were not caused by the Council’s social worker but accepted there should have been better communication.

Analysis

15. The effects on Mr X, caused by any delay in the biometric card, are not significant enough to justify our investigation.

Back to top

Final decision

16. We will not investigate Mr X’s complaint because there is not sufficient enough injustice to warrant an investigation.

Back to top

Investigator's decision on behalf of the Ombudsman