Councils should respond to all recommendations made during independent complaints investigations, says Ombudsman

The mother of a disabled child had asked the Ombudsman to investigate the way the council responded to her complaint that the authority had failed to meet her child’s social care needs.

As part of the council’s complaint investigation, carried out through the statutory children’s complaints procedure, the investigating officer agreed it was appropriate for the council to carry out an independent review of its support for children with disabilities.

However, the Ombudsman found the council then “failed to mention” this agreed outcome when it contacted the mother, or complete the review.

To remedy the injustice caused, the council agreed to:

• apologise to the mother and pay her £500 for the “frustration, uncertainty and erosion of trust”.
• write to her to tell her if it will complete an independent review of its system of support for children with disabilities.
• provide training for relevant council officers, and review how it looks at recommendations made through the children’s statutory complaint procedure.

Amerdeep Somal, Local Government and Social Care Ombudsman, said: “Once again, I am compelled to report on issues I have found with a local council’s handling of the children’s statutory complaint procedure.

“In this case the council’s independent investigation agreed with the parent that a review of the system of support for children with disabilities should be carried out, but the council has not responded.

“This missed opportunity to look at ways it could improve services can have only exacerbated the frustration felt by the mother, after her complaint was upheld.”

She added: “We have previously investigated other complaints the mother has brought to us following the children’s statutory complaints procedure. In those cases, we also found Waltham Forest had either failed to respond to the recommendations, or failed or delayed completing the recommendations made.

“As a result I have concerns about the council’s ability to administer the children’s statutory complaints procedure, monitor its compliance with the actions it has agreed to take and effectively provide appropriate redress or improve practice to prevent future injustice for families in the borough.”

Responding to the report, Cllr Kizzy Gardiner, Cabinet Member for Children and Young People at the London Borough of Waltham Forest, said: “Caring for our young people with special educational needs or disabilities is one of the most important roles we play. We work hard to provide a reliable service on which families can rely, and their confidence in us is critical.

“We know that our performance in this instance was well below what residents would rightly expect. I apologise unreservedly to Ms X for her experience. We accept the Ombudsman’s findings, and we are currently in the process of delivering enhanced training for officers and reviewing our internal processes in response. Additionally, we have paid Ms X compensation and reimbursed her the cost of the holiday activities for which she should not have been charged.”

Lottie Winson