Summary: Mr and Mrs X complained the Council failed to carry out the recommendations made at Stage 2 and 3 of the statutory complaints process. The Council has provided information about the action it has taken as well as now arranging a meeting as agreed. These actions, along with a symbolic payment for the frustration caused, are a suitable remedy.

The complaint

1. Mr and Mrs X complain the Council failed to carry out the recommendations made at Stage 2 and 3 of the statutory complaints process.
2. Mr and Mrs X say the lack of action leaves them feeling frustrated and let down.

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The Ombudsman’s role and powers

3. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We must also consider whether any fault has had an adverse impact on the person making the complaint. I refer to this as ‘injustice’. If there has been fault which has caused an injustice, we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), as amended)
4. 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(i), as amended)

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How I considered this complaint

5. As part of the investigation, I have:
• considered the complaint and the documents provided by the complainant;
• made enquiries of the Council and considered the comments and documents the Council provided;
• discussed the issues with the complainant;
• sent my draft decision to both the Council and the complainant and taken account of their comments in reaching my final decision.

6. Under our information sharing agreement, we will share this decision with the Office for Standards in Education, Children’s Services and Skills (Ofsted).

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What I found

7. Mr and Mrs X adopted their daughter, who I will refer to as Y, in 2002. In January 2017 the family moved to Gloucestershire. After contacting the Council regarding support and schooling for Y the Council began the single assessment process on 7 April 2017. In May, on completion of the single assessment it was decided there would not be a role for children’s social care due to issues surrounding Y’s mental health.
8. In June 2017, Y was involved in an incident which resulted in her arrest and she was remanded to a secure unit. At this point she became a looked after child. In October 2017, Y moved to a residential care placement.
9. Discussions began regarding planning for Y post 18 years. It seems that Y and Mr and Mrs X wanted her to remain in the current accommodation. However ,it was unable to accommodate her over the age of 18. Y reached the age of 18 in February 2020 and she moved to another placement on 10 March 2020. However, due to a suicide attempt she moved into adult mental health provision on 4 May 2020. Y was then sectioned under the mental health act shortly after this and moved to hospital. On her discharge Y moved to a hotel briefly before moving to another supported accommodation placement was found.
10. Mr and Mrs X made a formal complaint about transition planning and the move post 18. In November 2020, due to their dissatisfaction with the complaint response, the matter was escalated to stage two of the children’s social care statutory complaints process.
11. The Stage Two complaint report was produced in May 2021. This was a detailed 75 page report into the 10 complaints made by Mr and Mrs X. The report listed the 14 people that were interviewed as part of the investigation process along with case files and documentation examined. It confirmed that the Independent Person was present for all the meetings.
12. The Stage Two investigation report upheld four complaints, partially upheld one complaint and made no determination on one complaint. The remaining four complaints were not upheld.
13. The Council’s Stage Two Adjudication response was sent to Mr and Mrs X on 9 August. The Council apologised for the delays in the process saying it was due to the COVID-19 pandemic. The Council said that it agreed with the Investigating Officer’s conclusions on all 10 complaints. In saying this I note that under point two the adjudication response says “disagree” but I consider this is a typo.
14. The Council also provided comments on the recommendations made by the Investigating Officer in his report. It provided an apology for the aspects of the complaint fully and partially upheld. It explained the changes already being made to its strategies and policies and how they related to the recommendations made as part of the stage two complaint investigation.
15. The recommendations included the following:
• An apology to Mr and Mrs X and Y
• The Council to develop a mechanism to ensure the process from the children to the adult team is implemented in a timely manner
• The Council to review its multi agency process for vulnerable care leavers requiring mental health support
• To promote the “stay local” scheme and are proactive in encouraging the services it commissions to develop this initiative
16. Mr and Mrs X requested the complaint progress to Stage Three, the Review Panel. The panel hearing was held on 29 November 2021 and it reported the outcome on 3 December 2021.
17. Mr and Mrs X attended the hearing and submitted a detailed response to the Stage Two adjudication letter which the panel read prior to the hearing. The Review Panel did not reconsider the complaints that had previously been upheld.
18. The Review Panel report was a detailed document clearly setting out the matters considered, the submissions made and its view on each considered complaint. Of the five complaints it considered, it agreed with the Stage Two outcomes on three complaints and partially agreed on the other two. It also agreed with the recommendations previously made.
19. The Council sent Mr and Mrs X the Stage Three adjudication response on 17 December 2021. It agreed with the recommendations previously made. Mr and Mrs X said that they were seeking reassurance that change and improvements would be made. The review panel said that it hoped the Council would enter into a meaningful dialogue with Mr and Mrs X regarding the outcome of the investigation and offered a meeting with senior managers. The Council’s adjudication letter mentions that the Personal Assistant to the Assistant Director for Integrated Children and Families Commissioning would contact Mr and Mrs X to arrange a mutually convenient date to meet.

Analysis

20. Mr and Mrs X contacted the Ombudsman because they were not satisfied with the outcome of the statutory complaints procedure. They are concerned that no-one has been held accountable and that processes and systems have been blamed rather than making individuals accountable for their own actions. They told me they were seeking real change and they did not believe this would happen.
21. The complaints made by Mr and Mrs X have been independently investigated through the Children’s Social Care Statutory Complaints Procedure. I have seen nothing to suggest any procedural fault in how Mr and Mrs X’s complaints were investigated in this case. The process was overseen by an independent person and the majority of Mr and Mrs X’s complaints were fully or partially upheld. I am satisfied the findings in this case should therefore be relied upon and there is no basis for the Ombudsman to re-investigate the issues even if Mr and Mrs X are not satisfied with the outcome.
22. However, recommendations were made for the Council to learn from the faults in this case and to make improvements to avoid similar problems happening again. Mr and Mrs X complain the Council has failed to carry out the agreed recommendations.
23. A key recommendation was for the Council to contact Mr and Mrs X to arrange a meeting with the Assistant Director for Integrated Children and Families. This had not happened when I began my consideration of this complaint in May 2022. In response to my enquiries the Council said it was regrettable the meeting had not been arranged and said this was an oversight. The failure to arrange the meeting is fault.
24. The Council has now written to Mr and Mrs X to arrange a mutually convenient time to meet. It has also apologised for its previous failure to do this. I am satisfied this is a suitable response to the fault identified.
25. The Council has also provided details of the other actions taken in respect of the recommendations made in response to Mr and Mrs X’s complaint. It mentions the Preparing for Adulthood Strategy which was developed with all stakeholders and updates are considered quarterly. Cabinet approved the strategy in January 2021. There is also a new Strategic Transition Board which gives the opportunity to review transition planning if it is stuck, delayed or if further clarity is required. This board involves the young person themselves and meets quarterly.
26. Details have been provided of how multi-agency decision making processes are being used. This involves operational and commissioning teams and includes social care, education, health and mental health professionals. There is also regular liaison between the Children in Care nursing team and social care locality teams so there is health planning for children in care.
27. Training has been introduced to help improve the quality of recording so that the language used in reports, minutes and assessments is clear, understandable and respectful. There are new tools and resources to help staff to “think before you write”. Also Participation Champions meet with service users and take key messages back to social work teams to learn from children and young people’s experience of being in care.
28. The Council is committed to building capacity within the county so that children can stay local. It says it is embedded into its commissioning models for new residential and semi-independent accommodation. This is to ensure “staying close” becomes an automatic offer for the young person.
29. I am satisfied the Council has taken action in respect of the recommendations made in response to Mr and Mrs X’s complaint. The meeting with the Assistant Director will be an opportunity for Mr and Mrs X to seek more information regarding the detail.

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Agreed action

30. I have found fault in this case, specifically that the Council failed to invite Mr and Mrs X to a meeting as promised. The failure to do this caused Mr and Mrs X further frustration and let them to believe the Council was not committed to making improvements and learning lessons. I am pleased the Council has now taken action to rectify this failing and I hope the meeting will provide some of the reassurance Mr and Mrs X are seeking.
31. In response to my enquiries, the Council has also offer to make a symbolic payment of £500 to Mr and Mrs X in recognition of its failure to achieve and maintain a standard of service delivery that should be expected. This should be provided within one month of my final decision.
32. I consider the above actions are an appropriate outcome to remedy the injustice experienced by Mr and Mrs X as a result of the identified fault. I am therefore not making any further recommendations.

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Final decision

33. I have completed my investigation with a finding of fault for the reasons explained in this statement. The Council has agreed to implement the actions I have recommended. These appropriately remedy any injustice caused by fault.

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Investigator's decision on behalf of the Ombudsman