London Borough of Hillingdon (25 026 092)
The Ombudsman's final decision:
Summary: We have upheld Mrs X’s complaint because the Council delayed considering this under the children’s statutory complaints process. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mrs X.
The complaint
- Mrs X complains the Council refused to provide her son with regular short breaks, needed to provide her with respite.
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 Mrs X and the Council.
- I considered the Ombudsman’s Assessment Code.
My assessment
- We expect councils to complete the children’s statutory complaints process before we will consider a complaint.
- If we investigated this complaint it is likely we would find the Council at fault because it has delayed completing the children’s statutory complaints process, causing distress. We will not consider the substantive complaint while this process remains outstanding.
- We therefore asked the Council to consider remedying the injustice caused by taking the following actions within one month of this decision:
- Begin a stage 2 investigation and complete this within the timescales set out in statute and;
- Pay Mrs X £100 for distress arising from delay.
Agreed action
- To its credit the Council agreed to resolve the complaint early by completing the actions at paragraph 8.
Final decision
- We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Mrs X.
Investigator's decision on behalf of the Ombudsman