Cornwall Council (24 006 033)
The Ombudsman's final decision:
Summary: We will not investigate Dr X’s complaint that the Council failed to respond to her stage two complaint under the statutory children complaint procedure within the required timescales. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.
The complaint
- Dr X complains the Council failed to respond to her stage two complaint under the statutory children complaint procedure within the required timescales.
The Ombudsman’s role and powers
- 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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), 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
- Dr X made a complaint to the Council which is being investigated under the children statutory complaints procedure.
- In May 2024, Dr X requested escalation of her complaint to stage two. The Council should have completed its stage two investigation, including issuing of its adjudication response, within 65 working days.
- This means the Council’s stage two adjudication letter should have been issued by the end of August 2024. Therefore, there is a delay of around a month. I am satisfied the delay will be causing Dr X frustration.
- We therefore asked the Council to consider remedying the injustice caused by issuing its stage two adjudication letter within two weeks of the Ombudsman’s final decision statement. The Council is also to pay a symbolic financial payment of £50 within four weeks of the final decision statement.
Agreed action
- To its credit, the Council agreed to resolve the complaint and will complete the above within the timescales specified.
Final decision
- We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.
Investigator's decision on behalf of the Ombudsman