Summary: Mr X complained about how the Council delivered support to his son. We have found that the Council was at fault, because it has not yet dealt with Mr X’s complaint properly. It will now do so. It has also agreed to make a symbolic payment to Mr X which recognises his injustice from delays to its complaint-handling.

The complaint

1. Mr X complains about how the Council’s children’s social care service supported his son. He says he complained to the Council about this but is yet to receive a response.

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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 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)
3. If we are satisfied with a council’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)
4. 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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How I considered this complaint

5. I considered evidence provided by Mr X and the Council as well as relevant law, policy and guidance.
6. Mr X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

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What I found

7. The statutory guidance, ‘Getting the best from complaints’, sets out a three-stage procedure for complaints about certain aspects of children’s social care. I refer to this as ‘the statutory procedure’.
8. Parents can use this procedure to complain about their children’s social care assessment and support.
9. The benefit of the statutory procedure is that the parent gets an independent investigation of their complaint (at stage 2), and, if they wish, an independent review (at stage 3).
10. If a complainant wants to progress their complaint through all three stages of the statutory procedure, then they have the right to do so.
11. The Ombudsman normally expects councils (and complainants) to follow the full statutory procedure before involving us. A complaint can only be referred to the Ombudsman earlier if, following a robust stage two investigation, all significant parts of the complaint have been upheld.
12. Councils have 25 working days to respond to stage two complaints. However, in certain circumstances (such as if the complaint is particularly complicated), this can be extended to a maximum of 65 working days. If the complaint is submitted in writing, the ‘start date’ is when the complaint is made.
13. Mr X made his final written stage 2 complaint in late May 2024. The Council acknowledged this in early June. Consequently – even for a particularly complicated complaint – the Council should have sent Mr X its final response in late August.
14. Instead, the investigation remains ongoing, for which the Council is at fault.
15. Mr X has suffered an injustice from the delay, and he continues to do so until he receives the Council’s complaint response.
16. I do not doubt the complexity of Mr X’s complaint. The Council has also taken significant steps to investigate the complaint and appears to have a plan in place to finalise its investigation. And it has already made a payment of £150 to Mr X to recognise the early stages of the delay.
17. Nonetheless, the maximum timeframes in the statutory guidance are clear – even for complicated complaints – and the considerable delay justifies immediate action, plus an additional symbolic financial remedy for Mr X’s likely distress.

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Action

18. Within two weeks, the Council has agreed to take the steps necessary to conclude its investigation of Mr X’s stage 2 complaint and will write to him with its adjudication letter.
19. Within four weeks, the Council has agreed to make a symbolic remedy payment to Mr X of £100 which recognises the distress this delay has caused him up to this point.
20. The Council will provide us with evidence it has done these things.

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Decision

21. The Council was at fault for failing to handle Mr X’s complaint properly. This caused him an injustice, which the Council will now take action to address.

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Investigator's decision on behalf of the Ombudsman