Summary: We have upheld Mr X’s complaint about the Council’s refusal to accept his complaint under the children’s statutory complaints procedure. The Council has agreed to resolve the complaint early be providing a proportionate remedy for the injustice caused.

The complaint

1. Mr X complained the Council refused to accept his complaint under the children’s statutory complaints procedure. He says this means he has missed out on an independent investigation and the matter has caused him distress.

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The Ombudsman’s role and powers

2. 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)
3. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. The law and accompanying statutory guidance set out that all functions carried out under part 3 of the Children Act 1989 may form the subject of a complaint. This may include a complaint about an unwelcome or disputed decision or an assessment, care management or review.
7. Mr X complained about an assessment completed under part 3 of the Children Act 1989. The Council said it would not consider his complaint under the statutory procedure, as the assessment was completed as part of its safeguarding procedures and not as part of its children’s service functions.
8. If we were to investigate, it is likely we would find fault causing the complainant an injustice. The law and statutory guidance are clear that all functions carried out under part 3 should be considered under the statutory procedure and that this includes complaints about an assessment.
9. We therefore asked the Council to consider remedying the injustice caused by its actions. The Council has agreed to our request.

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Agreed action

10. Within one month of the final decision, the Council will:
• Write to Mr X to apologise for failing to accept his complaint under the children’s statutory complaints procedure.
• Pay Mr X £200 in recognition of the avoidable distress caused and the time and trouble pursuing his complaint.
• Remind relevant staff that all complaints about statutory functions completed under part 3 of the Children Act 1989 must be considered under the children’s statutory complaints procedure.

11. Within 65 working days of the final decision, the Council will complete an investigation into Mr X’s complaint at stage two of children’s statutory complaints procedure.

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Final decision

12. We will not investigate Mr X’s complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

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Investigator's decision on behalf of the Ombudsman