Summary: Mr X complained the Council failed to consider his complaint at stage two of the statutory children’s complaints process. We find the Council at fault for failing to complete the statutory complaints process. This caused Mr X distress and frustration. The Council has agreed to apologise, progress Mr X’s complaint and make a symbolic payment to remedy the injustice caused by the faults identified.

The complaint

1. Mr X complained he is not happy with the Council’s stage one complaint response and the Council has refused to escalate his complaint to stage two of the statutory children’s complaints process. Mr X says this has caused him and his family stress and he has missed time at work pursuing his complaint. Mr X would like the Council to complete an independent stage two complaint investigation.

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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 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)
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

Legal and administrative background

7. The law 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. We also published practitioner guidance on the procedures, setting out our expectations.
8. The first stage of the procedure is local resolution. Councils have up to 20 working days to respond.
9. 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.
10. 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.
11. 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 30 working days of the date of request and then issue a final response within 20 working days of the panel hearing.

What happened

12. Mr X submitted a complaint to the Council about the service he and his family had received from the Council’s Children’s Services department.
13. The Council completed stage one of the statutory children’s complaint process. It issued a stage one complaint response which upheld parts of Mr X’s complaint. Mr X was not happy with the stage one response and asked the Council to escalate his complaint to stage two.
14. The Council offered Mr X a mediation meeting to discuss his complaint but refused to escalate his complaint to stage two of the statutory children’s complaint process as it believed a stage two investigation would not result in a different outcome.

My findings

15. The Council refused to progress Mr X’s complaint to stage two of the statutory process. This is fault which has caused Mr X and his family distress and frustration. It has also meant Mr X has spent time and trouble pursuing his complaint.

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Action

16. Within one month of the final decision the Council will:
• Apologise for failing to complete the statutory children’s complaint process. We publish guidance on remedies which sets out our expectations for how organisations should apologise effectively to remedy injustice. The Council should consider this guidance in making the apology.
• Progress Mr X’s complaint to stage two of the statutory children’s complaint process and ensure the stage two investigation is completed within the statutory timeframes.
• Provide Mr X the relevant information to ensure he is fully informed and aware of the stage two process and his options for progressing to stage three if necessary.
• Make a symbolic of payment of £350 in recognition of the injustice caused to Mr X and his family by the faults identified.
• Share our Guide for Practitioners: Children’s statutory complaints process with the relevant staff and ensure they are aware of the correct process to follow when managing children’s services complaints which fall under the statutory process.
17. The Council should provide us with evidence it has complied with the above actions.

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Decision

18. I find fault causing injustice. The Council has agreed actions to remedy injustice.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman