Summary: We have upheld this complaint because the Council delayed considering a complaint at stage three of the children’s statutory complaints procedure. The Council has now agreed to resolve the complaint by offering to make a payment to the complainant to remedy the time and trouble they have been to.

The complaint

1. Miss X complains that the Council failed to provide support to her and the foster children in her care. Miss X asked the Ombudsman to intervene after the Council delayed arranging a panel to consider her complaint at stage three of the statutory children’s complaints procedure.

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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 our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (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

The statutory complaints procedure

6. 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.
7. The first stage of the procedure is local resolution, where councils have up to 20 working days to respond.
8. 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.
9. If a complainant is unhappy with the outcome 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.
10. The statutory guidance says that if a complaint has been accepted at stage one the local authority is obliged to ensure the complaint proceeds to stages two and three if the complainant requests this.

Assessment

11. Miss X complained to the Council. The Council considered the complaint at stage one and two of the statutory procedure. In January Miss X asked the Council to progress her complaint to stage three. She contacted us after the Council failed to arrange a panel meeting. During our consideration of the complaint, the Council says it has contacted Miss X to apologise for the delay and discuss suitable dates for the panel. It says Miss X has not yet responded.
12. If we were to investigate this complaint it is likely we would find the Council at fault. This is because there has been a delay in the Council considering the complaint and issuing Miss X with a stage three response. This has meant Miss X has been to some significant time and trouble pursuing her complaint.
13. We therefore asked the Council to offer to make a payment to Miss X of £100 to remedy the time and trouble she has been too pursuing her complaint.
14. To its credit, the Council agreed to resolve the complaint and has agreed with our recommendation. It will therefore write to Miss X within one month to offer to make a £100 payment.

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Final decision

15. We have upheld this complaint. The Council has agreed to resolve the complaint early by providing an appropriate remedy.

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Investigator's decision on behalf of the Ombudsman