Summary: We will not investigate this complaint about Council’s handling of Mr X’s children’s statutory complaint. This is because the Council has not yet completed all three stages of the statutory children’s complaint procedure, and it would be reasonable to allow it to do so. In addition, the Council has already accepted and apologised for the delays identified at earlier stages, so further investigation would not lead to a different outcome.

The complaint

1. Mr X complained about delay in the Council’s handling of his statutory children’s services complaint. He said the Council failed to meet the stage one deadline and will not meet the stage two deadline. Mr X said these failings have caused him frustration and distress.

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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, or
• It would be reasonable for the person to ask for a council review or appeal.

(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. Mr X said the Council delayed sending its stage one response after he made his initial complaint. The evidence indicates the Council prepared a response within the deadline and Mr X received this around two weeks later. The Council apologised for the delay and that is an appropriate response. Further investigation by us would not lead to a different outcome for Mr X, therefore we will not investigate this part of his complaint.
6. The Council has accepted Mr X’s request to escalate to Stage two and advised that its response may exceed the 65-working-day limit. This timescale has not yet expired, and the Council has indicated it will consider a remedy for any injustice it has caused to Mr X, by delays when it has completed its stage two investigation.
7. We will not investigate this part of the complaint either. It is reasonable to allow the Council an opportunity to complete Stage two and respond to Mr X with any proposed remedy. It is then open to Mr X to come back to us at that point if he remains unhappy with the Council’s proposed remedy.

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Final decision

8. We will not investigate Mr X’s complaint because the Council has apologised for some parts of the complaint and we would not achieve any more than that. Additionally, it would be reasonable to allow the Council to complete the stage two investigation.

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Investigator's decision on behalf of the Ombudsman