Overview:

Key to names used

• Mr X The complainant

Summary

Mr X complained the Council had not taken action to ensure that he and his wife have the respite care for their child that the family is entitled to. Mr X said this caused him and his family distress, worry, uncertainty, and frustration. The Council failed to investigate the complaints under the children’s service statutory complaints procedure following our earlier recommendation, and failed to respond to us when we asked the reasons why. We therefore have concerns about the Council’s governance arrangements to administer the statutory children’s 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 requirements set out above, to remedy the injustice caused to Mr X, we recommend the Council take the following actions.

• Apologise in writing to Mr X to acknowledge the injustice caused to him and his family by the Council’s failings as identified in this report. The apology should be in line with our guidance, Making an effective apology.

• Pay Mr X a symbolic payment of £400 to acknowledge the injustice caused to him in terms of avoidable distress, worry, uncertainty and frustration by the Council’s faults. Pay Mr X a further symbolic payment of £300 to acknowledge the additional time and trouble caused to Mr X by the Council’s failure to implement the recommendations of our earlier investigation. The total payment to be made to Mr X is £700.

• Ensure the stage two statutory investigation into all of Mr X’s complaints has started, and will be completed in the required timescale. This should be within 25 working days from when the investigation starts. If it is not feasible to complete the investigation within 25 working days, the Council should confirm the reasons for this in writing to Mr X. The Complaints Manager should agree any extension, and – where possible – be with Mr X’s mutual agreement. The maximum permitted timescale for a stage two investigation is 65 working days; however, given the delays that have already occurred with complaint handling, we would encourage the Council to work towards the 25 working day timescale.

• If the outcome of the complaints procedure confirms there has been lost provision, the Council should consider offering additional provision to make up for the loss (for example additional respite). Or, if this is not possible, the Council should make Mr X a symbolic payment for loss of provision, with reference to our Guidance on remedies.

• If Mr X requests a stage three panel following the stage two investigation, the timescales for this should also be met.

• With reference to our Guide for Practitioners: Children’s statutory complaints procedure, explain what steps will be taken to ensure the Council responds to qualifying complaints through the statutory children’s services complaints procedure.

The Council has accepted these recommendations.

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