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 second stage of the statutory complaints procedure.

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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)

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How I considered this complaint

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

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My assessment

5. Mrs X made a complaint to the Council about the services provided to her daughter, which falls to be considered under the statutory procedure for complaints about children’s services. She complained to the Ombudsman because the Council failed to conclude Stage 2 of the procedure within the timetable set out in statutory guidance.
6. The evidence shows that the Stage 2 statement of complaint was agreed in October 2023. From that point, the Council had up to 65 working days to finish Stage 2. When Mrs X came to the Ombudsman at the beginning of April 2024, it had not done so.
7. Subsequently, the Council has confirmed that it has issued the Stage 2 adjudication letter. This concludes Stage 2 of the statutory procedure and gives Mrs X access to Stage 3.
8. By delaying resolution of Mrs X’s complaint, the Council will have caused her unnecessary uncertainty. But the fact that it has now completed Stage 2 means there is insufficient outstanding injustice to warrant our intervention. If Mrs X chooses to escalate her complaint to the final stage, she may wish to ask the Council to consider the delay in conjunction with its consideration of the substantive complaint. We will not investigate.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman