Birmingham City Council (23 010 284)
Category : Children's care services > Other
Decision : Closed after initial enquiries
Decision date : 18 Oct 2023
The Ombudsman's final decision:
Summary: We will not investigate this complaint that the Council failed to complete the final stage of the children’s services complaints procedure within the statutory timescale. This is because the delay has not caused so significant an injustice as to warrant investigation.
The complaint
- The complainant, who I will refer to as Mrs X, complains that the Council delayed its response to her complaint under Stage 3 of the statutory procedure for complaints about children’s services.
The Ombudsman’s role and powers
- 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 do not start an investigation if we decide the tests set out in our Assessment Code are not met. (Local Government Act 1974, section 24A(6), as amended)
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- Mrs X complained to the Council about a child protection matter. The Council has addressed the complaint under the statutory process for complaints about children’s services. Mrs X complains that the Council’s response at Stage 3 of the procedure has been subject to unreasonable delay. The procedure has now concluded.
- The evidence the Council has provided shows that it arranged the Stage 3 review panel meeting within the timescale set out in statutory guidance. However, it significantly exceeded the 15 working day timescale for the final Stage 3 response. The delay amounts to approximately five weeks.
- The Ombudsman will not investigate the complaint. While the Council did fail to meet the statutory timescale for the final response, the delay was not so long as to cause so significant an injustice as to warrant investigation. We will not therefore pursue the matter.
Final decision
- We will not investigate Mrs X’s complaint because there is insufficient injustice to warrant doing so.
Investigator's decision on behalf of the Ombudsman