Summary: We will not investigate Mrs X’s complaint about children services’ actions. We have upheld Mrs X’s complaint as the Council has now agreed to follow the Children Act statutory complaints’ procedure and has agreed a proportionate way to resolve the complaint.

The complaint

1. Mrs X says the Council failed to properly reply to her children services’ complaint.

Back to top

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 a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)
3. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

Back to top

How I considered this complaint

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

Back to top

My assessment

Background procedure

6. 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.
7. The first stage of the procedure is local resolution. Councils have up to 20 working days to respond.
8. 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 investigator and an independent person who is responsible for overseeing the investigation. Councils have up to 13 weeks to complete stage two of the process from the date of request.
9. If a complainant is unhappy with the result 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 days of the date of request, and then issue a final response within 20 days of the panel hearing.

This case’s events

10. Mrs X complained about children services to the Council in May 2024. She requested a stage two in June 2024.
11. If we were to investigate it is likely we would find fault causing the complainant injustice because the Council has failed to comply with the Children Act 1989 statutory complaints’ procedure regulations. The stage two has not been completed within the timescales. It should have been completed by mid November 2024.

Back to top

Agreed action

12. The Council has agreed to:
• Complete a Children Act statutory complaints’ procedure stage two within 65 working days of the date of this final decision.

• Notify Mrs X of her rights under the procedure at the end of stage two.

• Pay Mrs X £450 to reflect the injustice to her (delay, uncertainty and distress) by the delay in replying at stage two so far.

Back to top

Final decision

13. We have upheld this complaint because we asked the Council to remedy the injustice caused by not using the right procedure and it has agreed a proportionate remedy for Mrs X.

Back to top

Investigator's decision on behalf of the Ombudsman