Ombudsman issues guide for dealing with children’s services statutory complaints
The Local Government and Social Care Ombudsman has published a guide on handling complaints under the children's services statutory complaints process in order to help councils avoid the “pitfalls” seen in previous investigations.
According to the Ombudsman, this is the area in which it receives the most queries from local authorities. The document addresses the common questions asked by councils and details how they should apply the regulations and statutory guidance of the statutory complaints process.
In 2015, the Ombudsman published a report about the statutory complaints procedure. According to the Ombudsman, the common issues highlighted in the 2015 report remain the same today. These are:
- Failing to recognise a children's statutory complaint.
- Unnecessary delays in the procedure.
- Refusing to complete all stages of the procedure.
- Choosing the wrong procedure.
The guide focuses on the three-stage complaints procedure that local authorities must follow for complaints involving children's services. Questions answered in the guide include basic issues around what areas come under the statutory process, along with more detailed questions about young people's consent, court action, delays and deadlines, and statements of complaint.
Michael King, Local Government and Social Care Ombudsman, said: "We have published this guide to help local authorities navigate the process, and avoid some of the pitfalls we have seen in previous investigations. It is not uncommon for us to find issues with complaint handling when we investigate cases about children's services – and we receive many questions from councils about how to follow the process.
"Our answer is the statutory complaints process is set out in law so we expect councils to follow the guidance and regulations as they stand, and will hold them to account should they not do so.
"Where they have concerns about the effectiveness of the statutory process, councils have an opportunity to raise those in the Government's review of children's services – something which we intend to contribute to."
In a case highlighting one of the common issues highlighted in the Ombudsman's guide, Isle of Wight Council was criticised by the Ombudsman last week for "gatekeeping" after it found the council refused to consider a mother's complaint past stage 1 of the statutory three-stage complaint procedure.
The guide can be downloaded from the Ombudsman's website by clicking here.
Adam Carey