Summary: We have upheld Mr X’s complaint because the Council delayed consider his complaint at stage three 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.

The complaint

1. Mr X complains the Council has failed to investigate his complaint with the Children’s Statutory Complaints Procedure deadlines.
2. He says this has prevented him from getting the answers he needs.

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The Ombudsman’s role and powers

3. 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)
4. 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

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

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My assessment

7. The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. Mr X’s complaint relates to a child in the care, that means the Council should have followed this procedure and time scales when responding to his complaint.
8. If we were to investigate Mr X’s complaint, it is likely we would find the Council at fault. This is because the Council has not provided its stage two response within the timescales set out by the process.
9. We therefore asked the Council to pay Mr X £100 for the delay he has already experience and £50 per month (for up to six months) for any further delay. To its credit, the Council has agreed to issue the stage two response within two weeks and pay the financial remedy. As we are happy with the Council’s agreed actions, it is not proportionate for us to investigate this complaint.

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Final decision

10. We have upheld this complaint. The Council has agreed to resolve the complaint early by providing an appropriate remedy.

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Investigator's decision on behalf of the Ombudsman