Overview:

Summary

During two earlier investigations, we identified that faults in the way the Council was operating its children’s statutory complaints procedure were potentially causing injustice to others. We opened this new complaint to investigate. We found that complainants have experienced delay, and in some cases, have been denied their right to access the full complaints procedure.

Finding

Fault found causing injustice and recommendations made.

Recommendations

The Council must consider the report and confirm within three months the action it has taken or proposes to take. The Council should consider the report at its full Council, Cabinet or other appropriately delegated committee of elected members and we will require evidence of this. (Local Government Act 1974, section 31(2), as amended)

In addition to the requirement set out above; to remedy the injustice caused, we recommend the Council:

• writes to complainants who did not proceed to stage two of the procedure, due to fault of the Council, and invite them to do so. When writing also make an apology to recognise the delay and/or poor complaint handling. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The organisation should consider this guidance in making the apology we have recommended in our findings;
• if it has not already done so, complete stage two of the procedure for the 12 complainants whose stage two investigations were ongoing, prioritising those suffering the most delay;
• ensures staff involved in the children’s statutory complaints procedure understand what is required to progress a complaint to stage two. A complainant does not need to complete a specific form, as long as there is enough information to understand what the complaint is; and
• updates the relevant scrutiny committee on the progress made towards ending the delays for complainants, using an action plan, that is regularly reviewed. This is to ensure improvement is monitored by senior officials.

The Council has agreed to carry out our recommendations.

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