Summary: We will not investigate this complaint about Miss X’s contact with the Council and its complaints handling. The Council has already investigated under the children’s statutory complaint procedures, and further investigation by us would not lead to a different outcome.

The complaint

1. Miss X complained about the outcome of her statutory children’s complaint as well as non-compliance with the financial remedy recommended. Miss X said this negatively affected her mental and physical health.

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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 further investigation would not lead to a different outcome. (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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Miss X made a complaint after her contact with the Council because she said they incorrectly assessed her son as not qualifying for the Children with Complex needs (CWCN) service and recording inaccurate information in their reports. She also said there was a lack of support offered. The Council considered her complaint through all three stages of the children’s statutory complaint procedure.
6. Miss X said the Council had not fully resolved her concerns, and she was unhappy with the outcome.
7. If a complaint has already been through the three-stage Children Act complaints procedure, this means the complainant has already had access to an independent investigation and we are unlikely to re-investigate unless the earlier investigation was flawed.
8. I have read the documents from Miss X’s complaint, including the independent stage two reports along with the Council’s adjudication, and the stage three panel report, together with the Council’s final response. The Council has upheld some of her complaints and explained why it will not uphold the other complaints.
9. The Council has also apologised for delays within the complaint process and has offered Miss X £350, as a symbolic financial remedy for those delays. The Council confirmed it had paid this remedy to Miss X.
10. Given there are no obvious flaws in the investigation and the Council’s responses, and the investigation report has considered Miss X’s comments and referred to case records, I am satisfied the Council has adequately investigated her complaint and further investigation by us, is unlikely to result in a different outcome for Miss X.

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Final decision

11. We will not investigate Miss X’s complaint because further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman