Halton Borough Council (25 018 536)
The Ombudsman's final decision:
Summary: We have upheld Miss X’s complaint because the Council delayed considering her complaint at stage two 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 failed to provide respite care for her child. She asked the Ombudsman to intervene after the Council delayed considering her complaint at stage two of the statutory children’s 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
- Miss X asked the Council to escalate her complaint to stage two in August.
- If we were to investigate this complaint, it is likely we would find fault. This is because there has been a delay in the Council completing its stage two investigation, causing Miss X distress in the form of uncertainty and frustration.
- We therefore asked the Council to apologise to Miss X for the delay and pay her £50 to remedy the injustice this caused. We also asked the Council to complete its stage two investigation. To its credit, the Council agreed and says it will complete these actions within six weeks.
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