Summary: We uphold this complaint that the Council delayed its response under the statutory process for complaints about children’s services. The Council has agreed to resolve the matter by providing a suitable remedy for the injustice the complainant has been caused.

The complaint

1. The complainant, who I will refer to as Miss X, complains that the Council has delayed its response to her complaint under the statutory procedure for complaints about children’s services.

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The Ombudsman’s role and powers

2. 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)
3. Under the information sharing agreement between the Local Government and Social Care Ombudsman and the Office for Standards in Education, Children’s Services and Skills (Ofsted), we will share this decision with 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. Miss X made a complaint to the Council regarding the care of and contact with her child. The Council decided that the complaint falls to be considered under the statutory procedure for complaints about children’s services. Miss X complained to the Ombudsman that the Council has delayed its response under Stage 2 of the statutory procedure.
7. The evidence indicates that the Stage 2 statement of complaint was agreed at the end of November 2023. The Council then had up to 65 working days to conclude Stage 2. It has not done so.
8. If we were to investigate it is likely we would find fault causing Miss X injustice, in that the Council failed to address her complaint within the appropriate timescale. The matter therefore remains unresolved.

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Agreed action

9. We invited the Council to, within one month of the date of this decision, conclude Stage 2 by issuing the reports and adjudication, and apologise to Miss X for the delay.
10. To its credit, the Council has agreed to resolve the complaint by doing so.

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Final decision

11. We have upheld this complaint. The Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X.

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Investigator's decision on behalf of the Ombudsman