Suffolk County Council (22 001 573)
The Ombudsman's final decision:
Summary: Ms X complained the Council failed to consider her request for a Child in Need assessment and a Parent Carer Needs assessment. We find the Council is at fault for failing to deal with Ms X’s complaint through the statutory children’s complaints process. The Council has agreed to our recommendation to apologise to Ms X and investigate her complaint through the statutory complaints process.
The complaint
- Ms X complained the Council failed to consider her request for a Child in Need (CIN) assessment for her daughter, C, and a Parent Carer Needs (PCN) assessment. She says this has left her and her daughter without support for months which has impacted their mental health.
What I have investigated
- I have investigated how the Council has dealt with Ms X’s complaint. The final section of this statement contains my reason for not investigating the rest of the complaint.
The Ombudsman’s role and powers
- 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’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
- If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
- Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).
How I considered this complaint
- I have considered the information Ms X has provided us with. I have considered the Ombudsman’s jurisdiction and the requirements of the statutory complaints process for complaints about children’s social care services.
- Ms X and the Council have had an opportunity to comment on my draft decision. I have considered their comments before making a final decision.
What I found
Children’s statutory complaints process
- The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. The statutory guidance, ‘Getting the Best from Complaints’, explains councils’ responsibilities in more detail.
- The first stage of the procedure is local resolution. Councils have up to 20 working days to respond.
- 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.
- 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.
- The Ombudsman would normally expect a council and complainant to follow the full complaints procedure. The guidance sets out the circumstances in which a complaint can be referred to the Ombudsman without completing all three stages. This can only happen when the stage two investigation is robust with all complaints upheld. Councils must show they agree to meet most of the complainant’s desired outcomes and have a clear action plan for delivery.
- The Ombudsman has issued practitioner guidance on the Children’s statutory complaints process which outlines our views further.
What happened
- Ms X wrote to the Council in October 2021 and asked for a CIN assessment for C. She was concerned about C’s social isolation and social phobia and the impact this was having on her. Ms X sent a further letter and asked for a PCN assessment for support in looking after her daughter to allow her to leave the house and in emergencies as she has no family support.
- In January 2022 Ms X raised a complaint with the Council. She said she did not believe it had carried out an assessment following her CIN assessment request. She also complained she did not believe it had followed the correct procedures in the PCN assessment.
- Ms X chased the Council on several occasions and received a response in April 2022. The Council responded and said that C did not qualify for a referral to its Disabled Children’s & Young People Service.
Analysis
- The Council responded to Ms X’s complaint, it did so under its corporate complaints procedure. It did not inform Ms X of the Ombudsman and this is fault.
- The issues Ms X raised in her complaint are about the Council’s actions following her request for a CIN assessment under Section 17 of the Children’s Act 1989. The law requires certain complaints to be considered through the statutory children’s complaint investigation process. As this is complaint relating to actions which fall under Section 17, the issues raised should have been considered through the statutory complaints process. Not using this procedure is fault.
Agreed action
- To remedy the injustice caused by the fault, within four weeks the Council has agreed to:
- Send a written apology to Ms X.
- Immediately start an investigation under the children’s statutory complaints procedure and ensure the statutory timescales are adhered to.
Final decision
- I have completed my investigation. The Council is at fault for failing to deal with the complaint through the children’s statutory complaints procedure.
Parts of the complaint that I did not investigate
- I have not investigated Ms X’s complaint about the Council’s failure to carry out assessments. The Council is best placed to investigate these issues using its statutory complaints process. Ms X can come back to us at the conclusion of that process is she is still dissatisfied with the outcome.
Investigator's decision on behalf of the Ombudsman