Summary: We will not investigate Ms X’s complaint about children services’ actions. We have upheld Ms X’s complaint as the Council has now agreed to follow the Children Act statutory complaints’ procedure.

The complaint

1. Ms X, says the Council failed to properly reply to her children services’ complaint.

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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 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 a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

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

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My assessment

Background procedure

5. The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. The accompanying statutory guidance, Getting the Best from Complaints, explains councils’ responsibilities in more detail.
6. The first stage of the procedure is local resolution. Councils have up to 20 working days to respond.
7. If a complainant is not happy with a council’s stage one response, they can ask that it is considered at stage two. At this stage of the procedure, councils appoint an investigator and an independent person who is responsible for overseeing the investigation. Councils have up to 13 weeks to complete stage two of the process from the date of request.
8. If a complainant is unhappy with the result of the stage two investigation, they can ask for a stage three review by an independent panel. The Council must hold the panel within 30 days of the date of request, and then issue a final response within 20 days of the panel hearing.

This case events

9. Ms X complains that the Council has failed to reply to her complaint about the care of a looked after child. She first complained in December 2023. The Council replied in January 2024 but did not sign post her to the next stage. Nevertheless, Ms X requested a Stage Two investigation in February 2024. She has chased this. The Council confirmed in July 2024 it had appointed a Stage Two investigating officer.
10. If we were to investigate it is likely we would find fault causing the complainant injustice because the Council has failed to comply with the Children Act statutory complaints procedure regulations. The Stage One did not signpost Ms X and the Stage Two is delayed.

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Agreed action

11. The Council has agreed to:
• Complete stage two of the Children Act statutory complaints procedure by November 2024.
• Pay Ms X £150 for the delays in the complaint procedure so far.
• Inform Ms X of her rights under the Children Act procedure when it replies at Stage Two.

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Final decision

12. We have upheld this complaint because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Ms X.

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Investigator's decision on behalf of the Ombudsman