Summary: We will not investigate this complaint that the Council has delayed consideration of a complaint under the statutory procedure for complaints about children’s services. This is because the Council has upheld the complaint and offered a suitable remedy for the injustice caused by the delay.

The complaint

1. The complainant, who I will refer to as Mrs X, complains that the Council has delayed the consideration of her complaint about children’s services.

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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 we could not add to any previous investigation by the organization. (Local Government Act 1974, section 24A(6))
3. Under the information sharing agreement between the Local Government and Social Care Ombudsman and the Office for Standards in Education, Children’s Services and Skills (Ofsted), we will share this decision with Ofsted.

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How I considered this complaint

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

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My assessment

6. Mrs X has made a complaint to the Council relating to adoption services and services for her disabled child. We have taken no view on the merits of the complaint itself, which is still within the statutory procedure for complaints about children’s services. Mrs X told the Ombudsman that the Council had unreasonably delayed Stage 2 of the statutory procedure.
7. Stage 2 of the procedure has now concluded and Mrs X has been advised of her right to go to Stage 3. The Council accepts that Stage 2 was delayed. This delay amounts to fault on its part. The Council has apologised to Mrs X and has offered to pay her £100 in recognition of the fault.
8. There are insufficient grounds for the Ombudsman to investigate the complaint. This is because the Council has already accepted that it was at fault. The remedy it has offered is reasonable and proportionate, and is broadly in line with what the Ombudsman would recommend in the circumstances of the case. Investigation is not therefore warranted.

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Final decision

9. We will not investigate this complaint. This is because the Council has upheld the complaint and offered a suitable remedy.

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Investigator's decision on behalf of the Ombudsman