Summary: We have upheld this complaint because the Council delayed considering a complaint under the children’s statutory complaints procedure. The Council has now agreed to resolve the complaint by arranging a stage three panel to be held within one month. It will also apologise to the complainant and offer to make a payment to them to remedy the time and trouble they have been too.

The complaint

1. Miss X complains about how the Council dealt with the care of her grandchild who was temporarily placed in foster care before being placed in her care. Miss X asked the Ombudsman to intervene after the Council delayed dealing with her complaint under the statutory children’s complaints procedure.

Back to top

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).

Back to top

How I considered this complaint

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

Back to top

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, where 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 been accepted at stage one the local authority is obliged to ensure the complaint proceeds to stages two and three if the complainant requests this.

Assessment

11. If we were to investigate this complaint it is likely we would find the Council at fault. This is because there has been delays in the Council considering the complaint at stages one and two of the procedure. Miss X asked for her complaint to be escalated to stage three in January 2023, but a panel has yet to be arranged. This has meant Mr X has been to some significant time and trouble pursuing her complaint.
12. We therefore asked the Council to convene a stage three panel hearing within one month of the date of our final decision. We also asked the Council to write to Miss X to apologise for the delays and offer to make a payment to her of £1100 to remedy the time and trouble she has been too pursuing his complaint.
13. To its credit, the Council agreed to resolve the complaint and has agreed with our recommendation.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman