The Ombudsman's final decision
Summary: We will not investigate this complaint that the complainant was not given the opportunity to explain all their concerns, prior to her complaint being considered under the statutory complaints procedure for complaints about children’s services. This is because there is insufficient evidence of fault by the Council.
The complaint
The complainant, who I will call Miss X, complains that the Council is proceeding with its investigation at stage two of the statutory complaints procedure for complaints about children’s services, without her being able to meet to meet to express all her concerns. She says the Council’s actions have led to a delay in her receiving a response to her complaint.
The Ombudsman’s role and powers
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 there is not enough evidence of fault to justify investigating. (Local Government Act 1974, section 24A(6))
How I considered this complaint
I considered information provided by the complainant and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
The Council arranged a virtual meeting with Miss X but she was unable to join. The Council subsequently decided it would proceed with her complaint based on the information Miss X had previously provided. It therefore compiled a statement of complaint which it sent to Miss X. Miss X is dissatisfied with the statement of complaint and would like a meeting with the Council to add additional elements. The Council say Miss X has contacted the investigating officer in the case on a regular basis to try to ask them to investigate other matters and this has impeded the Council’s investigation.
I will not investigate Miss X’s complaint. This is because there is insufficient evidence of fault by the Council. Council’s do not need to agree a statement of complaint and are entitled to proceed with an investigation if it is confident, it understands what the complaint is. This is the case here.
The Council has told the Ombudsman that it is willing to give Miss X a further opportunity to meet to discuss the complaint. This is an option that is open to Miss X, but she should be aware that this is likely going to lead to a further delay in her receiving a response to her complaint.
Final decision
We will not investigate Miss X’s complaint because there is insufficient evidence of fault by the Council.
Investigator's decision on behalf of the Ombudsman