Summary: We will not investigate Ms X’s complaint about missed social care and education provision. It is unlikely our investigation could achieve a significantly different outcome.

The complaint

1. Ms X complained to the Council about a lack of social care direct payments and missed education provision. She says the remedy offered is not satisfactory.

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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 impact 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 or continue an investigation if we decide:

• we could not add to any previous investigation by the organisation; or
• further investigation would not lead to a different outcome; or
• there is no worthwhile outcome achievable by our investigation.
  (Local Government Act 1974, section 24A(6), as amended, section 34(B))

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How I considered this complaint

3. I considered information provided by Ms X which includes the Council’s reply.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Ms X says she asked for direct payments for social care support for her child, B, in 2021. The Council says it put this in place from July 2024. It offered £8116 as a remedy for her complaint. This included a symbolic payment up to June 2023, a payment calculated on the current direct payment rate from June 2023 to July 2024 and a distress payment. This is in line with our Guidance on Remedies.
6. Ms X says that B has missed education and educational support. It has offered £6000 for missed education and support. This is in line with our Guidance on Remedies.
7. The Council considered Ms X’s complaint within its Children Act statutory complaints procedure. It held Stage Three in December 2024 and upheld all the complaint. The statutory children’s complaints procedure was set up to provide children, young people and those involved in their welfare with access to an independent, thorough and prompt response to their concerns. Because of this, if a council has investigated something under the statutory children’s complaint process, the Ombudsman would not normally re-investigate it.

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Final decision

8. We will not investigate Ms X’s complaint because it is unlikely our investigation could achieve a significantly different outcome.

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Investigator's decision on behalf of the Ombudsman