The Ombudsman's final decision
Summary: We will not investigate Ms X’s complaint about children services’ actions. It is unlikely we would find fault in the Council’s decision to refuse to accept a late request for a Children Act complaints procedure stage three.
The complaint
Ms X complained to the Council about its Council’s children services’ actions in relation to her two children.
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: there is not enough evidence of fault to justify investigating; or it would be reasonable for the person to have asked for a council review or appeal. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Ms X and the Council.
I considered the Ombudsman’s Assessment Code.
My assessment
Ms X complained to the Council about its Children Services’ actions. Her complaint had over 30 parts. The Council replied to her complaint within its Children Act statutory complaints’ procedure.
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.
The first stage of the procedure is local resolution. Councils have up to 20 working days to respond.
If a complainant is not happy with a council’s stage one response, they can ask that it is considered at stage two. At this stage of the procedure, councils appoint an investigator and an independent person who is responsible for overseeing the investigation. Councils have up to 13 weeks to complete stage two of the process from the date of request.
If a complainant is unhappy with the result of the stage two investigation, they can ask for a stage three review by an independent panel. The Council must hold the panel within 30 days of the date of request, and then issue a final response within 20 days of the panel hearing.
We expect complainants to complete this process. The Council completed stage two at the end of October 2023. In its letter to Ms X it told her if she disagreed with the stage two decision, she needed to contact the Council within 20 working days and explain why. This meets the regulations. Ms X says she told the Council she would be asking us to look at her complaint. She then contacted us four months later in February 2024. The Council has refused to carry out stage three. It says Ms X’s request is now out of time.
It is reasonable to expect Ms X to have used the full Council complaint procedure. We are unlikely to find fault in the Council’s decision not to accept a late stage three request.
Final decision
We will not investigate Ms X’s complaint because we are unlikely to find fault in the Council’s decision to refuse to accept a late stage three request.
Investigator's decision on behalf of the Ombudsman