Summary: We have upheld this complaint because the Council did not complete the statutory children’s complaint’s procedure. The Council has agreed to resolve the complaint by providing a remedy for the injustice this caused.

The complaint

1. Mr X complains that the social services did not provide any support to his son who was on a child in need plan.

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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 provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
3. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Council is considering Mr X’s complaint under the statutory procedure for children’s complaints. Mr X asked the Council to escalate his complaint, but the Council refused stating that further consideration would not change the outcome of the stage two investigation.
7. If we were to investigate Mr X’s complaint, it is likely that we would find fault. This is because the issues raised are ones that should be considered under the statutory procedure, and the reason for refusing to escalate was not a valid one.
8. I have therefore asked the Council to escalate the complaint to stage three of the statutory complaint’s procedure and apologise to Mr X within one month for not doing so sooner. To its credit, the Council agreed.

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Final decision

9. We have upheld this complaint because the Council did not complete the statutory complaint’s procedure. The Council has agreed to resolve the complaint by providing a remedy for the injustice this caused.

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Investigator's decision on behalf of the Ombudsman