Summary: Miss X complains the Council has delayed implementing the recommendations of a previous Ombudsman’s investigation. The Council delayed implementing recommendations of a previous Ombudsman investigation. Miss X suffered delay and uncertainty. The Council says it will pay Miss X a further £250, provide guidance to staff and review its processes. This is an appropriate remedy.

The complaint

1. The complainant, whom I shall refer to as Miss X, complains the Council failed to undertake the necessary agreed remedy in a previous Ombudsman investigation
2. Miss X says she has not received the apology or a financial payment.

Back to top

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 must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(i), as amended)
5. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

Back to top

How I considered this complaint

6. I considered evidence provided by Miss X and the Council as well as relevant law, policy and guidance.
7. Miss X and the Council had an opportunity to comment on my draft decision. I considered any comments before making a final decision.

Back to top

What I found

What happened?

8. This is a brief chronology of key events. It does not contain everything I reviewed during my investigation.
9. Miss X complained that the Council had not made alternative education provision for her son. The Ombudsman found fault by the Council. The Council had offered to pay Miss X £250 in respect of delay during its complaints process. Following the Ombudsman’s investigation, the Council agreed to apologise, pay Miss X £4,500 and provide guidance to its staff.
10. Miss X complained to the Ombudsman that the Council had not fulfilled the recommendations it had agreed to.

Analysis

11. The Council accepts that it has not actioned the Ombudsman’s recommendations in an appropriate timeframe.
12. The Council has now provided evidence that it has:
• Issued a written apology;
• Paid Miss X £4,500;
• Issued guidance to staff.
• Reviewed its processes for monitoring and taking action concerning requests for alternative education provision.
13. The Council accepts it also failed to pay the originally agreed £250 to Miss X.
14. During my investigation the Council acknowledged the further delays in making payments and has an additional payment of £250 in recognition of the delays in providing the remedy.
15. The Council said it will provide guidance to staff and review its processes for acknowledging and implementing remedies agreed with the Ombudsman. It says, “the Customer Relations Team will remind services of required actions prior to the required date and then ask for evidence of actions to pass on to the ombudsman service. In this case whilst the Complaints Case Manager had set reminders for themselves for these actions, they were away from the office at the point the actions became due and these were subsequently overlooked.”

“In terms of actions to prevent recurrence of this matter, the Complaints Case Manager is reviewing the process that they use, and will create a separate case list showing required actions and dates, rather than simply relying on system reminders. The Customer Relations Manager is arranging a meeting with the relevant Service Manager and Head of Service to go through the specific requirements of the complaints process, and the expectations around actions should a case be escalated to the Ombudsman Service.”

16. I consider these are an appropriate remedy for the additional delays.

Back to top

Action

17. To remedy the outstanding injustice caused by the fault I have identified, the Council has agreed to take the following action within 4 weeks of this decision:
• Pay Miss X £500 comprising the originally agreed £250 plus £250 in respect of further delays.
• Provide guidance to staff and review its processes for acknowledging and implementing remedies agreed with the Ombudsman.
18. The Council should provide us with evidence it has complied with the above actions.

Back to top

Decision

19. I find fault causing injustice. The Council has agreed actions to remedy injustice.

Investigator’s decision on behalf of the Ombudsman

Back to top

Investigator's decision on behalf of the Ombudsman