The Ombudsman's final decision
Summary: We will not investigate Mrs X’s complaint about a delayed child in need assessment and an officer’s comment. It is unlikely our investigation would reach a different outcome to the Council’s.
The complaint
Mrs X says the Council failed to carry out a child in need assessment for her child Y in the Autumn of 2022. She also says a Council officer made a hurtful remark to her.
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: we could not add to any previous investigation by the organisation; or further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
How I considered this complaint
I considered information provided by Mrs X and the Council, which included the documents from a statutory complaint response which ended in January 2024.
I considered the Ombudsman’s Assessment Code.
My assessment
Mrs X says the Council should have carried out a child in needs assessment on her child Y in the Autumn of 2022. She says it did not do so.
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 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 investigating officer (IO) to look into the complaint and an independent person (IP) who is responsible for overseeing the investigation and ensuring its independence.
Following the investigation, a senior manager (the adjudicating officer) at the council should carry out an adjudication. The officer considers the IO report and any report from the IP. They decide what the council’s response to the complaint will be, including what action it will take. The adjudicating officer should then write to the complainant with a copy of the investigation report, any report from the independent person and the adjudication response.
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.
If a complainant is unhappy with the outcome 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 working days of the date of request, and then issue a final response within 20 working days of the panel hearing.
The Council in its statutory complaints’ response to this complaint and others said the assessment was completed in March 2023. It has apologised for the delay. Taking into account how this sits with the other complaints replied to, it is unlikely our investigation would achieve an additional remedy.
Mrs X says at a meeting a Council officer said to her that they thought she had ‘lost weight’. Mrs X says this upset her and was offensive because the officer knew Mrs X had received medical help in relation to her weight. The Council says the officer unreservedly apologised the same day. Mrs X says she will not accept that apology. Our investigation on this complaint is unlikely to reach a different conclusion to the Council’s.
Final decision
We will not investigate Mrs X’s complaint because it is unlikely our investigation would reach a different outcome to the Council’s.
Investigator's decision on behalf of the Ombudsman