Summary: We have upheld this complaint because the Council delayed considering a complaint at stage two of the children’s statutory complaints procedure. The Council has now agreed to resolve the complaint by issuing a stage two response and offering to make a payment to them to remedy the time and trouble the complainant has been too.

The complaint

1. The complainant, who I will call Miss X, complains that the Council has delayed considering her complaint at stage two of the children’s statutory complaints procedure.

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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 this 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

The statutory complaints procedure

6. The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. The accompanying statutory guidance, Getting the Best from Complaints, explains councils’ responsibilities in more detail.
7. The first stage of the procedure is local resolution. Councils have up to 20 working days to respond.
8. If a complainant is not happy with a council’s stage one response, they can ask that it is considered at stage two. At this stage of the procedure, councils appoint an investigator and an independent person who is responsible for overseeing the investigation. Councils have up to 13 weeks to complete stage two of the process from the date of request.
9. If a complainant is unhappy with the outcome of the stage two investigation, they can ask for a stage three review by an independent panel. The Council must hold the panel within 30 days of the date of request, and then issue a final response within 20 days of the panel hearing.
10. The statutory guidance says that If a complaint has entered stage one the local authority is obliged to ensure the complaint proceeds to stages two and three if the complaint requests this.

Assessment

11. The Council is considering Miss X’s complaint under the statutory procedure. A stage two investigation took place, but the stage three panel concluded it was inadequate so in February, the Council started another stage two investigation.
12. If we were to investigate this complaint it is likely we would find the Council at fault. This is because since February, there has been a delay in the Council completing the stage two investigation and issuing Miss X with a response. This has meant Miss X has been to some significant time and trouble pursuing her complaint and has resulted in a delay in her receiving answers to the questions raised in her complaint.
13. We therefore asked the Council to issue its stage two response within one month and to offer to make a payment to her of £200 to remedy the time and trouble she has been too pursuing her complaint.
14. To its credit, the Council agreed to resolve the complaint and has agreed with our recommendation. Therefore, within one month of the date of this final decision, it will issue its stage two response and will write to Miss X to offer to make a payment to her of £200.

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Final decision

15. We have upheld this complaint. The Council has agreed to resolve the complaint early by providing an appropriate remedy.

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Investigator's decision on behalf of the Ombudsman