The Ombudsman's final decision
Summary: We will not investigate this complaint about transition planning into Adult Services. The Council has investigated the complaint under the Children’s Statutory Complaint Procedure and upheld most of the complaint. Further investigation would not lead to a different outcome.
The complaint
Ms X complained about the Council’s transition planning for his son, Mr Y, into adult services. He said there were delays in decision making, lack of clarity in the process and that the Council failed to communicate with the family properly. He also complained about the Council’s decision to write to him stating it may manage his contact under its communication policy.
Mr X is unhappy the Council has not upheld the findings as set out by the stage two investigating officer (IO). Mr X said the Council’s actions had caused worry and anxiety. He said it had also delayed Mr Y’s transition into adult services.
The Ombudsman’s role and powers
We investigate 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 continue an investigation if we decide: any injustice is not significant enough to justify our involvement, or further investigation would not lead to a different outcome, or there is no worthwhile outcome achievable by our investigation.
(Local Government Act 1974, section 24A(6), as amended, section 34(B))
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 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. We also published practitioner guidance on the procedures, setting out our expectations.
The Council has considered Mr X’s complaint through the statutory process. Although Mr X is unhappy with the outcome, we will not investigate. That is because: Most of his complaints have been upheld by the Council at stage one and stage two. The Council has agreed to make service improvements around ensuring staff are fully aware of procedures for transition planning such as reviewing assessments and addressing communication with families and young people. The Council also apologised to Mr X for the faults identified. Therefore, further investigation by us is unlikely to lead to a different outcome.
Although there were faults in the transition planning, the Council confirmed it finalised Mr Y’s transition plan four months before his 18 birthday. Therefore, there is nothing to suggest Mr Y has been caused a significant injustice by any identified fault.
The Council has set out its reasons why it does not agree with the findings of the IO or the stage three panel, specifically around its decision to issue Mr X a letter about his contact with it. Although Mr X disagrees with the Council, there is nothing worthwhile to be achieved through further investigation. The Council has accepted its communication with Mr X could have been better. It has already agreed to make service improvements around this. Any outstanding injustice is not significant enough to justify our involvement.
Final decision
We will not investigate Mr X’s complaint because further investigation would not lead to a different outcome.
Investigator's decision on behalf of the Ombudsman