Summary: We will not investigate Ms X’s complaint about the Council’s actions following a neighbouring council’s complaint investigation into its involvement with her child. It is unlikely an investigation would lead to a different outcome.

The complaint

1. Ms X complains the Council has not provided a suitable remedy for distress caused by failures it was responsible for, as identified during a neighbouring council’s investigation under the statutory children’s complaints procedure.

Back to top

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.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

Back to top

How I considered this complaint

3. I considered information provided by the complainant.
4. I considered the Ombudsman’s Assessment Code.

Back to top

My assessment

5. In response to a neighbouring council’s complaint investigation (council B), this Council accepted it had made errors during its involvement with Ms X’s child. In line with the recommendations of the stage three review panel, the Council wrote to Ms X apologising for the faults identified and the distress and inconvenience caused. It also committed to learning from the complaint.
6. We have already considered a complaint from Ms X about council B’s investigation. Following our investigation, council B agreed to pay Ms X a financial remedy in recognition of the distress caused by the identified faults.
7. We will not investigate this complaint. This Council has competed the actions recommended by council B’s stage three panel. The apology provided is a suitable remedy for injustice caused by its part in the identified faults. It is unlikely an investigation by us would lead to a different outcome or achieve anything more.
8. Since the conclusion of council B’s investigation, Ms X has submitted a new complaint to the Council about its more recent involvement with her and her child. This is a new matter which the Council is considering under its complaints procedure. Once the Council has concluded its investigation, it is open to Ms X to bring this to us for further consideration, if she remains dissatisfied.

Back to top

Final decision

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

Back to top

Investigator's decision on behalf of the Ombudsman