Summary: We will not investigate Ms X’s complaint about further delays in the statutory children’s complaints process because we are satisfied with the actions the Council proposed.

The complaint

1. Ms X complains about the Council’s dealings with her son and his children.
2. She complained to us about problems during the complaints process.
3. This is the second complaint Mrs M has made about the complaints process. We upheld Ms X’s first complaint about delays.
4. Ms X complains there have been further delays: the Council decided the independent investigation it had commissioned was flawed and needed to be repeated.

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The Ombudsman’s role and powers

5. 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)

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How I considered this complaint

6. I considered information provided by Ms X and the Council.
7. I considered the Ombudsman’s Assessment Code.

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My assessment

8. The Council is considering Ms X’s complaint under the Children Act complaints process. This is a formal procedure, set out in law, which councils must follow to investigate certain types of complaint. It involves:
• a written response from the Council (Stage 1);
• the appointment of an independent investigator to prepare a report (Stage 2); and, if the person making the complaint requests
• an independent panel to consider their representations (Stage 3).
9. Regulations set out the timescales for the process.
10. The Council decided the independent investigation at stage 2 was flawed and should be repeated. The Council apologised and offered a symbolic payment to acknowledge the impact of the further delay.
11. I recognise Ms X’s frustration. I have no doubt this is frustrating for the Council, too. The Council said it would commission a new independent investigation and offered a symbolic payment which is in line with our published guidance.
12. We are satisfied with the actions the Council proposed, and will not, therefore, investigate Ms X’s complaint at this time.
13. Ms X may complain to us again if she remains dissatisfied once the Council has completed the Children Act complaints process. We will then decide whether to consider her complaint further.

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Final decision

14. We will not investigate Ms X’s complaint because we are satisfied with the actions the Council proposed.

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Investigator's decision on behalf of the Ombudsman