Summary: Miss X complained, through her representative Mr Y the Council discounted her views and failed to adequately safeguard her when she made disclosures about her mother and raised concerns about her biological father. The Council was at fault for not investigating Miss X’s complaint under the children’s statutory complaints procedure. This was a missed opportunity for Miss X to have her complaint investigated with independent oversight. The Council has agreed to apologise to Miss X for this failure and investigate her complaint at stage two of the procedure.

The complaint

1. Miss X complains the Council:

• failed to act on disclosures she made about her mother harming her;
• discounted her views when she raised concerns about a placement with her biological father; and
• continued to pursue an alternative placement through pre-proceedings actions to move her away from a Court-approved placement.

2. Miss X says the Council’s actions have caused her uncertainty, anxiety, and distress.
3. Miss X is represented in making the complaint by Mr Y.

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The Ombudsman’s role and powers

4. 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)
5. We cannot question whether a council’s decision is right or wrong simply because the complainant disagrees with it. We must consider whether there was fault in the way the decision was reached. (Local Government Act 1974, section 34(3), as amended)
6. If we are satisfied with a council’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)
7. We may investigate complaints made on behalf of someone else if they have given their consent. (Local Government Act 1974, section 26A(1), as amended)
8. Under the information sharing agreement between the Local Government and Social Care Ombudsman and the Office for Standards in Education, Children’s Services and Skills (Ofsted), we will share this decision with Ofsted.

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How I considered this complaint

9. I have considered all the information provided by Miss X and Mr Y.
10. We made enquiries of the Council and considered its comments and the documents it provided.
11. Miss X, Mr Y and the Council have commented on my draft decision. I have considered their comments when making the final decision.

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What I found

Children’s statutory complaints process

12. 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. The Ombudsman would normally expect a council and complainant to follow the full complaints procedure.
13. The guidance says councils must consider complaints from “any child or young person who is being looked after by the local authority or is not looked after by them but is in need” and from children leaving care.
14. The first stage of the procedure is local resolution. Councils have up to 20 working days to respond. 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 investigator and an independent person who is responsible for overseeing the investigation. Councils have up to 13 weeks to complete stage two of the process from the date of request.
15. If a complainant is unhappy with the result 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 days of the date of request, and then issue a final response within 20 days of the panel hearing.
16. The Ombudsman published a focus report in 2015 highlighting common failings in the way councils deal with complaints that are within the remit of the children’s statutory procedure. In 2021 further guidance for practitioners was issued setting out our expectations on how statutory complaints should be handled and managed.

What Happened

17. In 2016 concerns were raised about the safety of Miss X. Between 2016 and 2020 the Council investigated these concerns and at various times supported Miss X as a Child in Need (CIN), a Looked After Child (LAC) and investigated the concerns under S47 of the Children Act 1989.
18. Miss X complained to the Council in November 2020. She said her previous social worker had not taken account of her views and had failed to adequately safeguard her when she made disclosures about her mother and raised concerns about her biological father at various times during the period 2016 to 2020.
19. Miss X also said the Council had not listened to her views and commenced pre-proceedings action in 2019 to remove her from a Court-approved placement. Miss X says this caused her distress and left her feeling overlooked and unheard.
20. The Council responded to Miss X’s complaint in January 2021 under its corporate complaints procedure. Miss X was not happy with the Council’s response. She asked the Council to investigate her complaint further. The Council investigated and completed a stage two response under its corporate procedure in March 2021. The Council did not uphold her complaint. It advised Miss X to contact the Ombudsman as she remained unhappy.
21. Miss X was not satisfied with the Council’s investigation and response and complained to us through her representative Mr Y in October 2021.

Analysis

22. The Council considered Miss X’s complaint under its corporate complaints procedure. Miss X was supported as a Child in Need (CIN) between 2016 and 2017 and as a Looked after Child (LAC) throughout 2019. During this time, she raised concerns with the Council about her mother’s behaviour and about her placement with her biological father. Because of this, we would have expected the Council to investigate under the children’s statutory complaints procedure, in line with the law and guidance. The Council was at fault.
23. Miss X has been denied the opportunity to have her concerns investigated with independent oversight through the children’s statutory complaints procedure. I have made recommendations to address the injustice caused to Miss X.

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Agreed action

24. By June 30 2022 the Council will:

• apologise to Miss X for failing to consider her complaint under the children’s statutory complaints procedure;
• agree the complaint to be investigated with Miss X; and
• remind staff involved with Looked After Children and Children in Need of the necessity to follow the children’s statutory complaints procedure.

25. By 23 September 2022 the Council will:

• complete a stage two investigation under the children’s statutory complaints procedure.

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Final decision

26. I have found the Council was at fault for failing to consider Miss X’s complaint under the children’s statutory complaints procedure which caused her an injustice. The Council has agreed to my recommendations to remedy the injustice caused by the faults identified.

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Investigator's decision on behalf of the Ombudsman