Summary: We will not investigate this complaint about the Council’s actions relating to special guardians and kinship care support. The Council has already investigated the complaint under the three-stage Children Act 1989 complaint procedure. We could not add to the investigation the Council has already carried out and further investigation would not lead to a different outcome.

The complaint

1. Ms Y, complains on behalf of Mr and Mrs X, that the Council failed to respond to her complaint within the required timescales, it did not carry out corrective actions and at Stage 3 of the complaints process she was told she could not discuss her complaint regarding factual inaccuracies in a child and family assessment.

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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:

• we could not add to any previous investigation by the organisation, or
• further investigation would not lead to a different outcome, or
• we cannot achieve the outcome someone wants, or
• there is no worthwhile outcome achievable by our investigation.

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

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How I considered this complaint

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

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My assessment

5. The statutory children’s complaints procedure was set up to provide children, young people and those involved in their welfare with access to an independent, thorough and prompt response to their concerns. Because of this, if a council has investigated something under the statutory children’s complaint process, the Ombudsman would not normally re-investigate it.
6. However, we may look at whether there were any flaws in the stage two investigation or stage three review panel that could call the findings into question. We may also consider whether a council properly considered the findings and recommendations of the independent investigation and review panel, and whether it has completed any recommendations without delay.
7. I have considered the documents from Ms Y’s complaint from all three stages and I note that the Stage 3 Review Panel has highlighted the delay in the process and recommended the Council remedies the injustice caused by this by offering a financial remedy. I note the Council has offered Ms Y a remedy that is in line with the Ombudsman’s guidance. Because of this, there is nothing further that could be achieved by the Ombudsman.
8. Ms Y is unhappy with the Council not completing some of the recommendations made by the Panel. The Council has explained its reasons for deviating from the Panel’s recommendations. This is in line with the statutory guidance. There is nothing further I can add to this.
9. Ms Y requests the Ombudsman to recognise the Stage 3 Review Panel was too restrictive. I have considered the Panel’s report and I find no fault in the way it was conducted. This is because the Stage 3 Review Panel’s role is to consider the adequacy of the Stage 2 investigation and it should not generally reinvestigate the complaints. We cannot achieve the outcome Ms Y has requested and it does not warrant any further investigation.

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Final decision

10. We will not investigate Ms Y’s complaint because we could not add to the investigation the Council has already carried out and further investigation would not lead to a different outcome.

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Investigator's decision on behalf of the Ombudsman