Summary: We will not investigate Mr X’s complaint about the Council’s care planning and decision-making related to his accommodation and support after he turns 18. The Council is considering his complaint under the children’s statutory complaints procedure and in the process of arranging a stage three panel. It is reasonable to allow the Council to complete the statutory process.

The complaint

1. Mr X complains the Council has not involved him in care planning or accounted for his mental and physical health needs when making decisions related to his accommodation and support after he turns 18. He says this has affected his mental health and caused distress. He wants the Council to involve him in his care planning and to remain in his current accommodation.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’. In this statement, I have used the word fault to refer to these. We provide a free service but must use public money carefully. We may decide not to start or continue with an investigation if we are satisfied with the actions an organisation has taken or proposes to take. (Local Government Act 1974, section 24A(7), as amended)

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How I considered this complaint

3. I considered information provided by the complainant and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. The law sets out a three-stage procedure for councils to follow when looking at complaints about children’s social care services.
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 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 Ombudsman would normally expect a council and complainant to follow the full complaints procedure, before we will consider a complaint.
10. At the time of his complaint, Mr X was a looked after child. The Council accepted his complaint under the children’s statutory complaints procedure.
11. The Council completed its stage two investigation in March 2025. Mr X was unhappy with the stage two response and in May 2025, requested the Council escalate his complaint to stage three. In June 2025, Mr X’s advocate agreed to the complaint being put temporarily on hold, due to Mr X sitting exams and moving accommodation at that time.
12. The Council has told us Mr X’s advocate has recently informed it that Mr X is ready to proceed with the stage three. The Council is now in the process of arranging the stage three panel.
13. We will not investigate this complaint. Where a council has accepted a complaint under the statutory complaints procedure, we expect a council and complainant to complete all three stages before we will consider it. The Council is in the process of arranging the stage three panel and so it is reasonable to allow this process to conclude.
14. If Mr X remains unhappy following the stage three response, it is open to him to bring the complaint back to us for further consideration.

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Final decision

15. We will not investigate Mr X’s complaint because the Council is in the process of arranging a stage three panel under the children’s statutory complaints procedure. It is reasonable to allow the Council to complete the statutory process before we will consider it.

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Investigator's decision on behalf of the Ombudsman