Summary: We will not investigate Ms X’s complaint about Children Services’ actions. The Council has agreed to follow the Children Act statutory complaints’ procedure. It will also provide a financial remedy for the delay in accepting the complaint.

The complaint

1. Ms X complained the Council had not accepted her complaint about children’s services. She said the Council’s actions had caused her severe stress. She wants it to investigate.

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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 provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), 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. Councils can use their discretion not to investigate a complaint where it may prejudice concurrent investigations such as court proceedings.
8. Ms X complained to the Council in November 2023 about the actions of its Childrens Service. In response, the Council said it would not investigate her complaint because it was considering whether to start care proceedings. It said the pre-proceedings superseded the complaint process.
9. If we were to investigate this complaint it is likely we would find fault. That is because the law and statutory guidance specify when the Council can use its discretion not to investigate a complaint. The reason specified by the Council is not specified within the law. Therefore, the Council has failed to apply the guidance properly, resulting in a delay of five months in responding to Ms X’s complaint.
10. To its credit the Council has agreed to:
• Start the Children’s Statutory Complaints procedure without delay, by providing Ms X a stage one response within 20 working days of our final decision.
• Pay Ms X £150 to remedy the avoidable injustice caused by the Council's refusal to investigate her complaint.

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Final decision

11. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Ms X.

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Investigator's decision on behalf of the Ombudsman