Summary: We will not investigate Ms X’s complaint about delay and procedural failings during the investigation of her complaint under children’s statutory complaints procedure. An investigation would not lead to a different outcome or achieve anything more.

The complaint

1. Ms X complains about delay and procedural failings during the investigation of her complaint under the children’s statutory complaints procedure. She says this has caused her child to miss out on support that she needs and the remedy offered for delays in the process is insufficient.

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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:

• we could not add to any previous investigation by the organisation, or
• 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.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The statutory children’s complaints procedure was set up to provide children, young people and those involved in their welfare with access to an independent, thorough and prompt response to their concerns. Stage two includes an independent investigation and stage three is a review by an independent panel. Because of this level of independence, if a council has investigated something under the statutory children’s complaint process, the Ombudsman would not normally re-investigate it. However, we may consider whether there were any flaws in the process that might call the findings into question.
6. Ms X complained to the Council about the support provided to her child by its children’s social care service. The Council considered Ms X’s complaint at all three stages of the children’s statutory procedure. Ms X raised procedural concerns about the stage two investigation and disagreed with the Council’s stage two adjudication. These concerns were considered by the stage three independent review panel.
7. I have reviewed the Council’s investigation and findings. Although I acknowledge that Ms X does not agree with the outcome, I am satisfied the process has been completed as we would expect and was sufficiently robust. The Council has offered Ms X and apology and £200 in recognition of delay at stage two. This is in line with our published guidance on remedies.
8. We will not investigate this complaint. The Council has appropriately considered Ms X’s complaint under the statutory procedure, so we will not re-investigate it. It has offered a suitable remedy for the injustice caused by the stage two delay. It is unlikely an investigation would lead to a different outcome or achieve anything more.

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Final decision

9. We will not investigate Ms X’s complaint because it is unlikely an investigation would lead to a different outcome or achieve anything more.

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Investigator's decision on behalf of the Ombudsman