Summary: We have discontinued the investigation as Ms B has not engaged with the complaints process and the complaint should be investigated under the statutory complaints process for Children Act complaints before the matter is considered by the Ombudsman.

The complaint

1. Ms B complained that the Council failed to provide her with appropriate care and housing and failed to safeguard her while she was a looked after child and a care leaver.

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The Ombudsman’s role and powers

2. It is our decision whether to start, and when to end an investigation into something the law allows us to investigate. (Local Government Act 1974, sections 24A(6) and 34B(8), as amended)
3. If we are satisfied with an organisation’s actions or proposed actions, we can complete our investigation and issue a decision statement. (Local Government Act 1974, section 30(1B) and 34H(1), as amended)

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How I considered this complaint

4. I considered evidence provided by Ms B and the Council. Ms B and the Council had an opportunity to comment on my draft decision.

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What I found

Law, guidance and policy

5. 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.
6. The first stage of the procedure is local resolution. Councils have up to 20 working days to respond.
7. 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.
8. 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.
9. 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.

What happened

10. Ms B came to the Ombudsman on 20 October 2025 and complained that the Council had failed in its statutory duty to safeguard her.
11. Ms B complained to the Council on 28 October 2025 and said the Council failed in its statutory duties to safeguard her and to provide her with housing and financial support. Ms B asked for a response within 14 days and said she would proceed with judicial review proceedings if she did not receive a satisfactory response.
12. Although the dates of the events that Ms B complains about are not entirely clear, it appears that Ms B was a looked after child and a care leaver during the time of the events.
13. Ms B also told the Council previously that she did not want to receive any further contact from the Council and would consider repeated or unnecessary communication as harassment.
14. The Council completed its response to Ms B’s complaint on 12 November 2025.
15. The Council wrote to Ms B on 3 December 2025 stating that she had made it clear that she did not wish to receive the response but, if she changed her mind, she should let the Council know and the Council would send its complaint response to her. Ms B did not respond.
16. Ms B did not engage with the Ombudsman after the initial contact.
17. I am therefore discontinuing this investigation for the following reasons.
• Firstly, Ms B has not engaged with the Council or the Ombudsman about her complaint.
• Secondly, Ms B is entitled to an investigation of some or most of her complaint under the statutory complaints procedure under the Children Act. This process has to be completed first.
18. If Ms B wants her complaint to be investigated, she should let the Council know.

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Decision

19. I have discontinued the investigation.

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Investigator's decision on behalf of the Ombudsman