Summary: We will not investigate Mr X’s complaint that the Council delayed educational provision being provided to him between September 2022 and November 2023 as it failed to treat him as a minor pending his age assessment. This is because the Council agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused.

The complaint

1. Mr X complains the Council delayed educational provision being provided to him between September 2022 and November 2023 as it failed to treat him as a minor pending his age assessment. He also complains the Council failed to complete an initial health assessment.

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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 an organisation 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 the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services. The Council considered Mr X’s complaint under this procedure.
6. The statutory children’s complaints procedure was set up to provide children, young people and those involved in their welfare with access to an independent, thorough and prompt response to their concerns. Because of this, if a council has investigated something under the statutory children’s complaint process, the Ombudsman would not normally re-investigate it.
7. The stage three review panel upheld all of Mr X’s complaints. I have reviewed the stage two investigation and stage three review panel findings and am satisfied they were completed properly. Therefore, the findings made during the statutory procedure must stand.
8. I have considered whether the remedy offered by the Council was appropriate in the circumstances. I note the Council offered a remedy of £600 to recognise the loss of education and £250 for the time and trouble caused by the delay in dealing with the complaint. I am satisfied the remedy offered to recognise the time and trouble caused is appropriate. However, I don’t consider the remedy offered to recognise the loss of education to be in line with the Ombudsman’s guidance on remedies.
9. I therefore asked the Council to pay Mr X £2400 per term to recognise the loss of education from September 2022 to November 2023. I have gone for the maximum amount in recognition of the fact Mr X was a vulnerable young person who was at a significant period of his school career. Mr X received no education for three and a half terms. A total payment of £8400.

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Agreed action

10. The Council agreed to resolve the complaint and will complete the above within four weeks of the final decision.

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Final decision

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

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Investigator's decision on behalf of the Ombudsman