Summary: Ms X complained the Council has not implemented the recommendations made as a conclusion to its statutory complaints process. We consider there is some fault with the Council’s actions but have not recommended any remedy.

The complaint

1. Ms X complains the Council has failed to implement the recommendations made as a result of the statutory complaints process.
2. She says this has prevented her from putting the direct payments made by the Council to use, which means she has had no respite from caring for her children. She also says she has not had a point of contact who could authorise the payments in a meaningful way.

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The Ombudsman’s role and powers

3. 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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
5. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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What I have and have not investigated

6. The statutory children’s complaints procedure was set up to provide children, young people and those involved in their welfare with access to an independent, thorough and prompt response to their concerns. Because of this, if a council has investigated something under the statutory children’s complaint process, the Ombudsman would not normally re-investigate it.
7. However, we may look at whether there were any flaws in the stage two investigation or stage three review panel that could call the findings into question. We may also consider whether a council properly considered the findings and recommendations of the independent investigation and review panel, and whether it has completed any recommendations without delay.
8. This investigation has focussed on whether the Council has appropriately implemented the recommendations made by the review panel.

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How I considered this complaint

9. I have considered information provided by the Council and Ms X, alongside the relevant law and guidance.
10. Ms X and the Council have had the opportunity to comment on a draft decision before this final decision was made.

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What I found

What happened

11. Ms X has two children, both have health conditions and disabilities. Ms X complained to the Council about the way in which her family were being supported, in 2023.
12. A key issue Ms X raised was the Council’s restrictions on how she could use direct payments. She said the Council were not allowing her to use the payments flexibly in order to meet her family’s needs. She explained to the Council that for her family, this meant she and her husband were not getting any respite from caring for their children.
13. Ms X complained the Council had not appointed a social worker to her family who could approve her requests for use of the direct payments, which meant the payments couldn’t be used.
14. The Council considered Ms X’s complaints under its statutory complaints process. It found the Council had failed to support Ms X appropriately and made a number of recommendations.
15. Ms X remains unhappy with the support she is receiving and complained the Council has not implemented the recommendations made by the review panel. She says the appointed social worker has been supporting the family effectively, but she believes this is temporary.
16. The Council has shared its action plan and the steps it took to address the recommendations with the Ombudsman.

Findings and Analysis

17. I have seen the panel made a number of recommendations to address the issues raised by Ms X.
18. The stage one response provided by the Council was over three weeks later than required by statute. This is a fault.
19. The Council acknowledged this delay and apologised, which is an appropriate way to address the fault. I do not therefore intend to recommend any further remedy in this regard.
20. The complaint went through stages two and three of the process and a number of recommendations were made.
21. Essentially, the Council were told to consider the way in which it was allowing Ms X to apply the direct payments for her children, to ensure that they met the needs of her family.
22. I have seen the Council has implemented overnight stays for both children as a result of this, which allows Ms X the respite she was seeking. If Ms X believes any requests she has made since the outcome of the statutory complaints have been unfairly rejected, she will need to make a new complaint to the Council.
23. The Council has also appointed a social worker to the family, who is Ms X’s point of call. If the Council remove the social worker, Ms X can make a new complaint to the Council at that point.
24. The panel also recommended the Council have a meeting with Ms X to discuss the issues she has faced, and I have seen the Council has arranged a meeting to do this.
25. There are other recommendations also, all of which have been implemented by the Council.
26. I am satisfied the Council has carried out the recommendations made by the review panel.

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Final decision

27. We found the Council at fault, but any injustice caused has been remedied so no further remedy is required.

Investigator’s final decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman