Summary: We will not investigate this complaint that the Council has delayed dealing with a complaint about the actions of the Council’s children’s services. This is because there is insufficient evidence of fault by the Council.

The complaint

1. The complainant, who I will call Mrs X, complained to the Council about the actions of its children’s services. She asked the Ombudsman to intervene after the Council failed to provide her with a response to her complaint.

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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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))

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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. Mrs X complained to the Council about the actions of its children’s services, including the conduct of a social worker. In August 2022, Mrs X asked for her complaint to be escalated to stage two of the statutory procedure for complaints about children’s services.
6. Mrs X subsequently raised concerns about the conduct of the social worker with the Local Area Designated Officer (LADO) and Social Work England. The Council decided to suspend its complaint investigation whilst these concerns were being considered. The LADO and Social Work England have now considered these concerns and so the Council has recommenced its investigation.
7. Since recommencing its stage two investigation, the Investigator concluded that it was important to speak with Council officers including two social workers. However, the agency that employees the social workers delayed responding to requests for interviews. The Council has chased the agency on more than one occasion without response. The Council says the investigator now has one final person to speak too and hopes to conclude their investigation shortly after.
8. I will not investigate Mrs X’s complaint. There is no evidence of fault in the Council’s decision to suspend its investigation into Mrs X’s complaint until the outcome of any investigation by the LADO or Social Work England had concluded. The Council has explained that it felt investigating Mrs X’s complaint could prejudice the other concurrent investigations.
9. Whilst there has been delay by the Council considering Mrs X’s complaint since it recommenced its investigation, I do not consider this to be due to fault by the Council. As Mrs X’s complaint was about the conduct and actions of social workers it was appropriate that the Investigator contacted them and requested to speal with them. I cannot find the Council at fault for delays by the agency in responding to the Council’s requests.

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Final decision

10. We will not investigate Mr X’s complaint because there is insufficient evidence of fault.

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Investigator's decision on behalf of the Ombudsman