Summary: Miss X complained the Council failed to property her from harm between 1999 and 2001. The Council has agreed to investigate Miss X’s complaint under the children’s statutory complaints procedure so we ended our investigation.

The complaint

1. Miss X complained, with the help of her advocate, that the Council failed to safeguard her from abuse and neglect child she lived in the Council’s area between 1999 and 2001.
2. As a result, she said she suffered abuse, severe distress and significant psychological harm. She wanted the Council to apologise for its failings, support to her understand what happened and arrange suitable therapy for her.

Back to top

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 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 a council has taken or proposes to take. (Local Government Act 1974, section 24A(7), 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)

Back to top

How I considered this complaint

5. I considered the information Miss X’s advocate provided and discussed the complaint with them.
6. I also considered the Council’s comments on the complaint.
7. Miss X and the Council had an opportunity to comment on my draft decision. I considered their comments before making a final decision.

Back to top

What I found

Statutory complaints procedure

8. 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.
9. The first stage of the procedure is local resolution. Councils have up to 20 working days to respond.
10. 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.
11. 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 days of the date of request, and then issue a final response within 20 days of the panel hearing.
12. The Ombudsman would normally expect a council and complainant to follow the full complaints procedure. The guidance sets out the circumstances in which a complaint can be referred to the Ombudsman without completing all three stages. This can only happen when the stage two investigation is robust with all complaints upheld. Councils must show they agree to meet most of the complainant’s desired outcomes and have a clear action plan for delivery.
13. Councils can refuse to consider complaints under the statutory procedure if the events someone complaints about took place more than 12 months ago. However, the guidance says councils can choose to extend the time limit if it is still possible to investigate effectively and efficiently. Councils should also consider whether it would have been reasonable for the person to have complained sooner, before deciding whether to investigate a late complaint.

What happened

14. Miss X left the care system around 2018. She sought records about her time in care and, based on these, had concerns about how the Council protected her from harm when she was a child.
15. After getting help from her advocate, Miss X complained to the Council in early 2022. However, the Council refused to consider Miss X’s complaint because it felt it could not fairly do this due to a lack of information about her.
16. Miss X was not satisfied with the Council’s decision, so complained to the Ombudsman.
17. During our investigation the Council re-checked its records based on further information about Miss X and found records about its involvement with Miss X in 1999.
18. Based on this information, the Council confirmed that it would be able to investigate Miss X’s complaint and offered to liaise with another council which also had some involvement with Miss X and her family.

Ending our investigation

19. Our view is that it is usually appropriate for a councils and complainants to use the statutory complaints procedure before complaining to the Ombudsman.
20. Since the Council has now confirmed it can consider Miss X’s complaint under the statutory procedure, and I am satisfied it would be reasonable to expect Miss X to use that process first, I intend to end my investigation.
21. Is Miss X is not stratified at the end of stage three of the process, she could complain to the Ombudsman again at that stage.

Back to top

Final decision

22. I have ended my investigation. The Council has said it will investigate the complaint under the statutory complaints procedure and I am satisfied it is appropriate for Miss X to use the statutory process first.

Back to top

Investigator's decision on behalf of the Ombudsman