Summary: Ms X complained that the Council delayed in carrying out a statutory investigation into her complaints about children services’ actions in respect of her disabled child. We find fault by the Council causing avoidable distress and frustration. The Council has now progressed the statutory investigation, agreed a small symbolic payment, and will apologise. Therefore, we are closing the complaint.

The complaint

1. The complainant, Ms X, complained about the Council’s delay in carrying out a statutory investigation under the Children Act 1989, after we issued a final decision in October 2023 when the Council accepted our recommendation that such an investigation should be carried out.
2. The delay in acting on this agreed recommendation has caused Ms X and her family avoidable distress, frustration and time and trouble pursuing the matter.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these.
4. 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 future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended).
5. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended).
6. 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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What I have and have not investigated

7. I have only investigated the Council’s delay in carrying out a statutory investigation of Ms X’s complaint about children services. I have not investigated the substantive complaint about children’s services.

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How I considered this complaint

8. I have spoken to Ms X on the telephone and made enquiries of the Council. I issued a draft decision statement to the Council and to Ms X. I have taken into account their further comments when reaching a final decision.

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What I found

9. Section 26(3) of the Children Act, 1989 says all functions of the local authority under Part 3 of the Act may form the subject of a complaint under the statutory complaints procedure.
10. Section 26(3) and section 24D of the Children Act, 1989 and section 3(1) of the Adoption and Children Act, 2002 require the responsible authority to consider representations including complaints made by children leaving care.
11. A complaint may arise about statutory social services functions, including:
• an unwelcome or disputed decision;
• concern about the quality or appropriateness of a service;
• delay in decision making or provision of services;
• delivery or non-delivery of services including complaints procedures;
• quantity, frequency, change or cost of a service;
• attitude or behaviour of staff;
• application of eligibility and assessment criteria;
• the impact on a child or young person of the application of a local authority policy; and
• assessment, care management and review.
12. The Children Act 1989 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.
13. The first stage of the procedure is local resolution. Councils have up to twenty working days to respond.
14. 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 investigating officer (IO) to look into the complaint and an independent person (IP) who is responsible for overseeing the investigation and ensuring its independence.
15. Following the investigation, a senior manager (the adjudicating officer) at the council should carry out an adjudication. The officer considers the IO report and any report from the IP. They decide what the council’s response to the complaint will be, including what action it will take. The adjudicating officer should then write to the complainant with a copy of the investigation report, any report from the independent person and the adjudication response.
16. The whole stage two process should be completed within 25 working days, but guidance allows an extension for up to 65 working days where required.
17. 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 thirty working days of the date of request, and then issue a final response within twenty working days of the panel hearing.
18. The Ombudsman would normally expect a council and complainant to follow the full statutory complaints procedure.
19. The guidance sets out the circumstances in which a complaint can be referred to the Ombudsman without completing all three stages. This can only happen when the stage two investigation is robust with all complaints upheld. Councils must show they agree to meet most of the complainant’s desired outcomes and have a clear action plan for delivery.

Key facts

20. This is a brief account of events.
21. In October 2023, we issued a final decision about the Council’s failure to carry out a stage two investigation into Ms X’s complaints about children services’ actions in relation to her disabled child. The Council agreed to investigate these complaints under the statutory Children Act procedure. In December 2023, the Council confirmed the appointment of an IO and IP.
22. There was then a protracted delay in the Council starting this investigation. The Council has accepted that there was this delay. The Council says that issues became complicated when Ms X threatened legal action in respect of some issues concerning her son’s care and support.
23. Ms X says that the issues around the potential overlap with the legal process was quickly resolved and does not account for the delay since the end of July 2024.
24. In mid-December 2024, the Council received the IO and IP’s reports. The Council has recently issued an adjudication letter and Ms X has requested for her complaints to be considered by a Complaints Review Panel. The Council has now arranged this.

Findings

25. There has been a protracted delay in the statutory investigation into Ms X’s complaints, and the investigation has exceeded the statutory timescales. I find the Council at fault.
26. Ms X’s personal circumstances have been and are very difficult. The Council’s fault has compounded this and caused Ms X avoidable frustration and time and trouble in pursuing the complaint. Ms X also had to refer the complaint again to the Ombudsman, which should not have been necessary.

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Agreed action

27. We have published guidance to explain how we recommend remedies for people who have suffered injustice as a result of fault by a council. Our primary aim is to put people back in the position they would have been in if the fault by the council had not occurred.
28. When this is not possible, we may recommend the council makes a symbolic payment. Where that takes the form of a payment, it is often a modest amount whose value is intended to be largely symbolic rather than purely financial. We also support organisational learning and improvements to help others.
29. We expect senior officers from councils to make effective, timely and specific apologies for the faults we have identified.
30. Within one month of the final statement, the Council will:
1. apologise in writing to Ms X and make a symbolic payment of £250 for her avoidable time and trouble and frustration; and
2. the Council will tell us what actions it is taking to ensure statutory Children Act complaints are dealt within the required timescale.
31. The Council should provide us with evidence it has complied with the above actions.

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Final decision

32. I find fault causing an injustice. The Council has accepted the findings and recommendations. Therefore, I have completed my investigation and I am closing the complaint.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman