Summary: We have discontinued our investigation into Miss B’s children’s social care complaint. Although the Council did not initially consider her complaint, it has now agreed to do so. It would be reasonable for the Council to respond fully under the relevant complaints procedure before Miss B approaches us again.

The complaint

1. The complainant, whom I refer to as Miss B, complains about how the Council dealt with her complaint about its children’s social care team.

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The Ombudsman’s role and powers

2. The Ombudsman investigates complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or may decide not to continue with an investigation if we decide it would be reasonable for the person to ask for an organisation review or appeal. (Local Government Act 1974, section 24A(6))

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How I considered this complaint

3. I considered information from Miss B and the Council. Both had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

What happened

4. Miss B first contacted the Council through her MP in 2021. Her MP forwarded her correspondence to the Council and asked that it be dealt with as a complaint. But the Council dealt with it as MP correspondence.
5. After several further exchanges of correspondence between Miss B’s MP and the Council (which took place over a nine-month period) the Council advised Miss B to submit a formal complaint. Five months later, she did so.
6. The Council told her the events she complained about were too old. It refused to investigate them. It also said she had no consent to complain on behalf of her stepdaughter.

My findings

7. We cannot normally investigate a complaint unless we are satisfied the council knows about it and has had an opportunity to investigate and reply. However, we may decide to investigate if it would be unreasonable to give the council that opportunity.
8. The Council has now agreed to respond to Miss B’s 2021 complaint in line with relevant procedural requirements.
9. This means it would not be appropriate for me to continue with my investigation. If Miss B remains dissatisfied after receiving a final complaint response from the Council, she can approach us again.

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Final decision

10. I have discontinued my investigation.

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Investigator's decision on behalf of the Ombudsman