Summary: We will not investigate Miss X’s complaint about the Council failing to deal with her complaint appropriately under the statutory children complaints procedure. This is because the Council has agreed to resolve the complaint early by providing a proportionate remedy for the injustice caused to Miss X.

The complaint

1. Miss X complains the Council failed to deal with her complaint appropriately under the statutory children complaints procedure.

Back to top

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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)

Back to top

How I considered this complaint

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

Back to top

My assessment

5. Miss X has been in care since she was a young child. She complained the Council’s handling of several matters as her corporate parent. This includes delay in the Council applying for her citizenship, her passport, and driving licence.
6. Miss X submitted her stage two complaint to the Council in May 2024. The Council responded in July 2024. The Council said it had asked the service area to look at the issues raised to have an early resolution, rather than a drawn-out stage two investigation.
7. The Ombudsman’s practioner guidance notes that Councils sometimes include extra resolution stages between the existing three stages. This is acceptable if they do not hold up proceedings and if the complainant is happy to engage. However, they should not be used to avoid progressing the statutory complaint.
8. In this case, the Council did not tell Miss X of its intention to deal with her complaint under an extra resolution stage and so did not have her agreement for this. It also seems apparent that the failure to inform Miss X of this also held up proceedings as it caused a delay in the Council progressing the complaint to stage two. The Council confirmed an independent investigator and independent person was appointed in August 2024; three months after the initial request to escalate to stage two.
9. If we were to investigate it is likely we would find fault causing Miss X injustice. This is because there has been delay in the Council progressing the complaint under the statutory children complaints procedure. I am satisfied this delay will have caused Miss X frustration.
10. We therefore asked the Council to consider remedying this by responding to Miss X’s stage two complaint under the statutory children complaints procedure without further delay, and within the statutory timescales. We also asked the Council to make a symbolic payment of £100 to recognise the frustration caused by the delays.

Back to top

Agreed action

11. To its credit, the Council agreed to resolve the complaint and will make the agreed payment of £100 within four weeks of the final decision statement. The Council will also complete its stage two investigation within the statutory timescales.

Back to top

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 Miss X.

Back to top

Investigator's decision on behalf of the Ombudsman