Summary: We will not investigate this complaint about delay on the Council’s part in completing the statutory procedure for complaints about children’s services matters. This is because there is insufficient outstanding injustice to warrant investigation.

The complaint

1. The complainant, who I will refer to as Mrs X, complains that the Council has delayed completion of the final stage of the statutory complaints procedure.

Back to top

The Ombudsman’s role and powers

2. 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)

Back to top

How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. Mrs X complained to the Council about its failure to treat her and her husband as foster carers for their granddaughter, and to provide appropriate support for them. We have taken no view on the merits of the complaint.
6. Mrs X’s complaint falls to be considered under the statutory procedure for complaints about children’s services. Her complaint to the Ombudsman is that the Council has failed to conclude Stage 3 of the procedure within the timetable set out in statutory guidance.
7. The evidence Mrs X has provided shows that Stage 2 ended in January 2024 and she informed the Council of her wish to go to Stage 3 by the end of that month. The Council should have arranged a Review Panel meeting within 30 working days. At the point at which Mrs X came to the Ombudsman it had not done so.
8. Subsequently, the Council has arranged a date for the Review Panel meeting and says Mrs X has confirmed attendance. The meeting has therefore been delayed by approximately two months.
9. By delaying resolution of Mrs X’s complaint, the Council will have caused her unnecessary uncertainty. But the fact that it has now made the necessary arrangements for the Review Panel meeting means there is insufficient outstanding injustice to warrant our intervention. The Review Panel may wish to consider the delay in conjunction with its consideration of the substantive complaint. We will not investigate.

Back to top

Final decision

10. We will not investigate Mrs X’s complaint because there is insufficient outstanding injustice to warrant our intervention.

Back to top

Investigator's decision on behalf of the Ombudsman