Summary: We will not investigate this complaint about delay in the statutory procedure for complaints about children’s services. This is because investigation could not ascertain the extent of any fault on the Council’s part.

The complaint

1. The complainant, who I will refer to as Miss X, complains that the Council has delayed the handling of her complaint under the statutory procedure for complaints about children’s services.

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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. Miss X has made a complaint to the Council about the involvement of children’s services with her and her family. She complains that the Council has delayed Stage 2 of the complaints process. She wants the Ombudsman to take on the consideration of the complaint.
6. The Council says it initiated Stage 2 of the complaint and appointed an Investigating Officer and an Independent Person. It says Miss X indicated that she did not want to proceed until she made a Subject Access Request and received a response. It says it is waiting to hear from her before restarting the process.
7. While the complaint is within the statutory process it is not appropriate for the Ombudsman to consider its merits. We have the discretion to accept complaints referred to us early, but this is only appropriate once Stage 2 is complete and both parties request our involvement. Neither is the case here, and we will not accept the complaint now.
8. While the consideration of the complaint is suspended, it is not possible to ascertain the length of the delay, if any. If Miss X wants the process to restart, she should tell the Council. As it stands, the Ombudsman would not be able to ascertain the extent of any fault on the Council’s part. Our intervention is not warranted at this stage.

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Final decision

9. We will not investigate Miss X’s complaint because we could not ascertain the extent of any fault on the Council’s part.

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Investigator's decision on behalf of the Ombudsman