Derbyshire County Council has taken more than two years to respond to a woman’s complaint, despite assuring the Local Government Ombudsman (LGO) three times that it would investigate.

The LGO has now issued a report to make public the council’s poor handling of the situation and the recommendations it should undertake.

The woman first contacted the LGO after complaints to the county council about its Children’s Services department went unanswered in May 2011.

At the time, Derbyshire County Council assured the LGO that they would investigate, and the case was closed, but by September 2012 the council still had not carried out a stage two investigation, under the statutory children’s complaints procedures. The woman made a further complaint to the LGO and as a result of this the council again committed to undertake a stage two investigation.

By April 2013 the woman contacted the LGO saying she had received no communication from the council or the investigating officer. The LGO wrote to the council once again on 25 April 2013 and the woman finally received an acknowledgement of her complaint two days later – some 25 months after it was first registered with Derbyshire County Council.

The council apologised to the woman for the distress it caused her, but it had failed to appoint an independent person to investigate the complaint under the statutory procedures as it promised on two previous occasions, and had not arranged a meeting with her to discuss her issues before starting an investigation.

Local Government Ombudsman, Dr Jane Martin, said:

“This is a clear-cut example of a council failing to deal with complaints effectively, which could have saved years of undue anxiety for the complainant.

“Despite regular chasing by my office and the complainant, the council failed to act appropriately and carry out a stage two investigation – something which it has a statutory duty to perform. It has also failed to comply with two previous recommendations to do so, despite agreeing to this formally.

“We expect councils to learn from the investigations we carry out into them and take seriously our recommendations. I am disappointed that this has not happened here and hope to see an improved complaints service from Derbyshire County Council in future.”

The LGO has asked Derbyshire County Council to appoint an investigating officer and independent person and carry out a stage two investigation and complete it within the statutory timescales.

The council has also been asked to pay the woman £500 in recognition of the time and trouble it has taken to pursue the complaint and for any distress the delay has caused her.

The council should also carry out a root and branch review of its statutory complaints process and put in place any changes necessary to ensure it meets the required timescales, providing evidence of the review to the LGO within three months along with any outcomes.

Article date: 26 July 2013