Summary: I uphold this complaint because the Council was at fault in refusing to allow the complainant to complete the statutory procedure for complaints about children’s services. The Council has agreed to resolve the matter by providing a suitable remedy for the injustice the complainant has been caused.

The complaint

1. The complainant, who I will refer to as Ms X, says the Council has declined to allow her complaint about the Council’s actions in respect of a foster placement to complete the statutory procedure for complaints about children’s services.

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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 the information sharing agreement between the Local Government and Social Care Ombudsman and the Office for Standards in Education, Children’s Services and Skills (Ofsted), we will share this decision with 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

6. Ms X made a complaint about the Council’s actions in respect of a foster placement. The complaint has been addressed under the statutory procedure for complaints about children’s services. It has completed Stage 2 of the procedure.
7. Ms X used her right to request escalation to Stage 3 of the procedure. She indicated that she did not wish to attend the Review Panel meeting but wanted it to go ahead in her absence. The Council declined to proceed without Ms X’s attendance. On that basis, the Council has refused to escalate the complaint.
8. If we were to investigate this complaint it is likely we would find fault causing Ms X injustice, in that the Council has declined to allow her complaint to complete the statutory procedure, causing her uncertainty and delaying resolution of her complaint.

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Agreed action

9. We asked the Council to arrange a Stage 3 Review Panel within one month of the date of this final decision. To its credit, it has agreed to resolve the complaint by doing so.

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Final decision

10. 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