Summary: I uphold this complaint that the Council delayed its response under the statutory process for complaints about children’s services. The Council has agreed to resolve the matter by providing a suitable remedy for the injustice the complainants have been caused.

The complaint

1. The complainants, who I will refer to as Ms X and Ms Y, complain that the Council has delayed responding to their complaint about matters relating to the care of a looked-after child.

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The Ombudsman’s role and powers

2. We investigate complaints about 'maladministration' and 'service failure'. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as 'injustice'. If there has been fault which has caused an injustice, we may suggest a remedy. Local Government Act 1974, sections 26(1) and 26A(1), as amended)
3. Under our information sharing agreement, we will share the final decision with the Office for Standards in Education, Children's Services and Skills (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. Ms X and Ms Y made a complaint to the Council relating to the care of a looked-after child. The matter fell to be considered under the statutory procedure for complaints about children’s services.
7. Stage 2 of the statutory procedure was initially suspended due to court action. The evidence shows that it was re-started in August 2022. Stage 2 has not yet concluded.
8. If we were to investigate, it is likely we would find fault causing Ms X and Ms Y injustice by causing unnecessary uncertainty and distress and delaying resolution of their complaint.
9. We asked the Council to resolve the complaint by, within one month of the date of this decision:

• completing Stage 2 of the process by writing to Ms X and Ms Y to inform them of the outcome, providing them with appropriate information about their right to proceed to the final stage; and

• offering to make a payment of £200 to them in recognition of the injustice they have been caused.

10. To its credit, the Council has agreed to take the action we proposed.

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Final decision

11. We have upheld this complaint. The Council has agreed to resolve it early by providing a proportionate remedy for the injustice cause to Ms X and Ms Y.

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Investigator's decision on behalf of the Ombudsman