Overview:

Summary

As a result of another investigation by us, we are aware that since October 2021 the Council’s predecessor, Cumbria County Council, delayed investigating complaints at stage two of the children’s statutory complaints procedure. The delays are likely to have caused frustration and distress and, in some cases, mean complaints remain unresolved.

Finding

Fault found causing injustice and recommendations made.

Recommendations

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

Within one month of the date of this report, the Council should write to each of the six complainants who it identifies have either not complained to us or have done so, but not yet received a final decision. It should apologise for the delay completing the stage two investigation and explain they have been identified following our investigation into another case where the person complained about delay in the statutory process. It should ask each complainant to confirm whether they have complained to us about delay in completing the stage two investigation. If so, it should explain we will continue to consider those cases individually. For those complainants who have already complained to us and received a final decision, the Council does not need to take any further action.

For those of the six complainants who have not already complained to us about delay

Within one month of the date of this report, the Council should calculate a financial remedy, as outlined below, to recognise the frustration and distress caused by the delay and pay this to each eligible complainant. This is in line with what we would have recommended if they had complained directly to us.

The Council should pay them £25 a month for each full month of delay above the 65 working day statutory timescale. The timescale should start from the date the complainant requested Cumbria County Council conduct a stage two investigation until:

• the date the Council or its predecessor completed the stage two investigation by issuing its adjudication letter; or

• the date of our final report on this case, whichever is the sooner of the two. In addition to this financial remedy for these eligible complainants:

• where the stage two investigation has not yet begun or is ongoing, the Council should complete the stage two investigation within 65 working days of the final report;

• it should ensure each complainant is aware they can escalate their complaint to stage three of the statutory procedure, if they remain dissatisfied following the completion of stage two.

The Council has accepted these recommendations.

Ombudsman satisfied with Council's response: 4 September 2023.

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