Summary: We will not investigate this complaint that the Council has delayed addressing a matter under the statutory procedure for complaints about children’s services. This is because we would achieve nothing significant by doing so.

The complaint

1. The complainant, who I will refer to as Ms B, complains that the Council delayed responding to her complaint about the actions of children’s services officers.

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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 effect on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We may decide not to start an investigation if the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)

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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. Ms B’s children have been the subject of child protection action. Ms B made two complaints to the Council about its officers’ actions. The Council decided to respond to the complaint under the statutory procedure for children’s services complaints.
6. Ms B was not satisfied with the response to either complaint, so it was decided to consider them together at Stage 2 of the statutory procedure. Ms B has complained to the Ombudsman that the Stage 2 response was delayed.
7. The Council has now made the Stage 2 response. It has accepted that this was delayed and has apologised.
8. We will not investigate this complaint. The Stage 2 delay amounts to two weeks and, in the circumstances, the Council’s apology provides a proportionate remedy to the injustice it caused. Ms B has been properly advised of her right to escalate the matter to Stage 3 if she wants to do so. The Ombudsman’s involvement would not achieve anything more.

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Final decision

9. We will not investigate Ms B’s complaint because we would achieve nothing significant by doing so.

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Investigator's decision on behalf of the Ombudsman