Summary: We will not investigate this complaint about children services’ actions and its complaint handling. 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. Nor will we investigate the delays in the Council’s handling of the complaint. This is because the Council has agreed to an appropriate remedy for the injustice caused by the delay.

The complaint

1. Mr X complained the Council accommodated his daughter, Y, in residential care without his consent, despite him having shared parental responsibility, and excluded him from decisions about her care and contact. He said this caused 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))

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. Mr X complained to the Council about matters falling under the children’s statutory complaints process. The Council has paused Mr X’s complaint at Stage Two due to ongoing court proceedings. This is in line with the statutory complaints process, which allows councils to suspend consideration of complaints where there are concurrent legal proceedings.
7. We will not investigate this part of the complaint. It is reasonable to allow the court proceedings to conclude before the Council resumes its Stage Two investigation. Once the proceedings have concluded, Mr X can ask the Council to continue with the statutory complaints process.
8. Mr X also complained about the complaint handling. There was a delay of around four months in progressing his complaint. The Council has acknowledged this delay and offered Mr X £200 to remedy the delay. This is in line with the Ombudsman guidance, and we consider it to be 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.

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Final decision

9. We will not investigate Mr X’s complaint because the Council has already provided a suitable remedy for the delay, and it is reasonable to allow the statutory complaints process to resume after the court proceedings conclude.

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Investigator's decision on behalf of the Ombudsman