London Borough of Lewisham (25 013 025)
The Ombudsman's final decision:
Summary: We have upheld Miss X’s complaint because the Council delayed considering her complaint at stage three of the children’s statutory complaints procedure. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X.
The complaint
- Miss X complains that the Council delayed progressing her complaint to stage three of the children’s statutory complaints procedure.
The Ombudsman’s role and powers
- 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)
- Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).
How I considered this complaint
- I considered information provided by the complainant and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- If we were to investigate this complaint, it is likely we would find the Council at fault. This is because Miss X asked the Council to progress her complaint to stage three of the statutory complaints procedure in July and there has been a delay in doing so. This has meant Miss X has spent significant time and trouble pursuing her complaint.
- We therefore asked the Council to arrange the stage three panel meeting within one month. We also asked the Council to apologise to Miss X for the delay and pay her £100 to remedy the time and trouble she has been to in pursuing her complaint. To its credit, the Council agreed.
Final decision
- We have upheld this complaint. The Council has agreed to resolve the complaint early by providing an appropriate remedy.
Investigator's decision on behalf of the Ombudsman