Summary: We will not investigate this complaint the Council did not provide the support child Y was entitled to as a Child in Need. The Council has agreed to consider the complaint through the children’s statutory complaint procedure. That is an appropriate resolution to the complaint therefore it would not be proportionate for us to investigate.

The complaint

1. Mr X complained his child, Y did not receive the agreed amount of support when he was a Child in Need. He said Y did not receive ten hours of weekly social care support he was entitled during term time. He also said provision outside of termtime fell short. He said the Council’s actions had caused stress and the Council had let down Y.

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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 should have followed the statutory procedure when responding to Mr X’s complaint. It did not do this. Therefore, if we were to investigate it is likely we would find fault causing Mr X injustice as Mr X did not get the opportunity for an Independent Person to oversee the investigation or a stage three panel.
6. We therefore asked the Council to investigate his complaints from stage two of the procedure. To its credit, the Council agreed. The whole stage two process should be completed within 25 working days, but guidance allows an extension for up to 65 working days where required. The Council has agreed to start the stage two process from the date we issue our final decision.

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Final decision

7. We will not investigate Mr X’s complaint because the Council has agreed to resolve the complaint by completing the children’s statutory complaints procedure. It would not be proportionate for us to investigate.

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Investigator's decision on behalf of the Ombudsman