Summary: Miss F complained the Council had failed to keep her siblings safe from neglect and harm and as a result has left her brother homeless and her sisters at risk of harm. We found fault by the Council as it had not dealt with this complaint under the statutory children’s complaints process. It has agreed to do so now. It will also make a symbolic payment to Miss F to remedy the time and trouble she has been caused and review information about Miss F’s siblings to determine if safeguarding enquiries are necessary.

The complaint

1. Miss F complained the Council had failed to keep her siblings safe from neglect and harm and as a result has left her brother homeless and her sisters at risk of harm. She also complained the Council failed to deal with her complaint properly, causing her time and trouble.

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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 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 significant injustice, or that could cause injustice to others in the future we may suggest a remedy. (Local Government Act 1974, sections 26(1) and 26A(1), 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(i), as amended)
4. 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 have and have not investigated

5. I have considered how the Council dealt with Miss F’s complaint. I have not investigated the substantive issues she has complained about.

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How I considered this complaint

6. I considered the Council’s response to my enquiries and:
• The Children Act Representations Procedure (England) Regulations 2006 (“the Regulations”)
• Getting the best from complaints, Statutory guidance for local authorities on children’s services complaints procedures 2006 (“the Guidance”)
7. Miss F and the Council had an opportunity to comment on my draft decision. I considered any comments received before making a final decision.

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What I found

The statutory children’s complaints process

8. The law sets out a three-stage procedure for councils to follow when looking at complaints about children's social care services. The Regulations and Guidance lists those eligible to complain under the procedure. This includes “such other person(s) as the local authority consider has sufficient interest in the child or young person's welfare to warrant his representations being considered by them.”
9. The first stage of the procedure is local resolution. More complex complaints do not have to be considered at this stage but, where they are, councils have 20 working days to respond.
10. The Regulations say that, if a complainant is not happy with a council’s stage 1 response, they can ask that it is considered at stage 2. Regulation 17 says that, if a council has received such a request, it must progress the complaint to stage 2.
11. At stage 2 of the procedure, the Council appoints an Independent Investigator and an Independent Person who is responsible for overseeing the investigation. If a complainant is unhappy with the outcome of the stage 2 investigation, they can ask for a stage 3 review by a panel. If, after receiving the Council's final response, the complainant remains dissatisfied, they can submit a complaint to the Ombudsman.
12. If a council has investigated something under this procedure, the Ombudsman would not normally re-investigate it unless we consider the investigation was flawed. However, we may look at whether a council properly considered the findings and recommendations of the independent investigation.
13. The Ombudsman would normally expect the full complaints process to be followed before considering a complaint about it. If both parties agree and the complaint has been upheld, the Ombudsman can deal with the complaint without the third stage. The Guidance also says that someone can complain to the Ombudsman at any time. The Ombudsman might exercise discretion to investigate in certain but rare circumstances.
14. The Ombudsman has issued a Focus Report about children's social care complaints which says we would be unlikely to accept complaints brought early except if the early referral criteria had been met.

Support for children in need

15. Section 17 of the Children Act 1989 imposes a duty on councils to safeguard and promote the welfare of children within their area who are in need, and promote their upbringing by their families.
16. Where a referral is accepted under section 17 the council should lead a multi-agency assessment and compete it within 45 working days. Where the council decides to provide services to the child, it should develop a multiagency child in need plan which sets out which organisations and agencies will provide which services to the child and family. The plan must be reviewed within three months of the start of the child in need plan and further reviews should take place at least every six months thereafter.
17. Councils may provide a range and level of services appropriate to those children’s needs. This can include providing accommodation and financial assistance.

Safeguarding

18. Local authorities have a duty to investigate if there is reasonable cause to suspect that a child in their area is suffering, or is likely to suffer, significant harm. They must decide whether they should take any action to safeguard or promote the child’s welfare. (Children Act 1989, section 47)
19. These duties are set out in Statutory Guidance ‘Working together to safeguard children’. When a council children’s social care service receives a referral about a child who may be at risk of significant harm it must decide within one working day what type of response is needed. This will include deciding whether:
• the child requires immediate protection and urgent action is required;
• the child is in need, and should be assessed under section 17 of the Children Act 1989;
• there is reasonable cause to suspect that the child is suffering, or likely to suffer, significant harm, and enquiries must be made and the child assessed under section 47 of the Children Act 1989;
• any services are required by the child and family and what type of services;
• no further action is required.
20. If the information gathered supports concerns and the child may remain at risk of significant harm the social worker will arrange an initial child protection conference (ICPC). The ICPC decides what action is needed to safeguard the child. This might include making the child a ‘child in need’ and implementing a safety plan.

What happened

21. Miss F is an adult, she has younger siblings who are under 18 and live with their mother. In October 2023, Miss F’s brother (X) left the home and went to stay with Miss F. He said he was suffering from physical abuse and neglect by his mother, including that she had left them alone to go on holiday abroad.
22. The Council carried out a section 17 child and family assessment. This found that Miss F’s siblings were children in need. X could return home and a child in need plan would be put in place to ensure his safety. The Council considered that X living with Miss F was a private family arrangement and it did not intend to accommodate him under section 20 of the Children Act 1989.
23. Miss F complained about this outcome on 14 December 2023. She noted that X did not want to agree to a child in need plan as he did not feel safe to return home and did not consider his mother would comply. Miss F said they had witnessed her younger sisters being physically abused recently. She complained about the way the assessment had been done and about poor communication from the social worker. Miss F said she was unable to accommodate X permanently.
24. The Council replied to the complaint on 2 January 2024. It said decisions to accommodate any young person were a last resort. As X’s mother had not said X could not return home, accommodation via Section 20 was not being considered and instead support via a child in need plan had been offered.
25. The Council said Miss F could request escalation of the complaint to stage two of its complaint procedure within 20 working days. At stage two a senior manager would be appointed to review the complaint. In some circumstances, the Council may not escalate the complaint, however it would give reasons for this.
26. Miss F emailed the Council on 30 January asking for a stage two review. The Council replied that a senior manager would discuss the issues with Miss F and should she remain unhappy she could request escalation after that.
27. On 1 March Miss F again asked for escalation to stage two. The Council replied that it could not deal with her complaint as it was outside of the 20 days to request escalation. Miss F came to the Ombudsman.

My findings

28. Miss F’s complaint relates to the section 17 assessment and child in need plan, which are provided under Part 3 of the Children Act 1989. As such, they are matters which can be complained about under the statutory children’s complaint procedure.
29. Whilst Miss F does not have parental responsibility, I consider she can be deemed a person with a sufficient interest in her siblings’ welfare and therefore someone who can complain under this procedure.
30. The statutory children’s complaints procedure was set up to provide children, young people and those involved in their welfare with access to an independent, thorough and prompt response to their concerns. Because of this, we expect councils to complete the complaints procedure.
31. It was therefore fault for the Council not to deal with her complaint under the statutory process. This has caused Miss F an injustice as her complaint has not been properly considered, causing her time and trouble.
32. The Council should now follow the statutory process. A second stage investigator able to carry out interviews and view files on site is better placed than the Ombudsman to deal with matters now.
33. If Miss F is still dissatisfied after the stage two investigation and both parties agree, she can bring these matters back to the Ombudsman. Alternatively, if either party requires the third panel stage and Miss F is still dissatisfied after that, she can bring these matters back to us then. In either case, she should so within 12 months of the date of our final decision unless there is a good reason why she cannot do this.

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Agreed action

34. Within one month of my final decision the Council has agreed to:
• Apologise to Miss F and pay her £200 to remedy the time and trouble she has been put to.
• Make the necessary arrangements to begin a stage two investigation under the children’s statutory complaints process and contact Miss F to notify her of the arrangements and the process that will be followed.
35. The Council should consider the information Miss F provided in her complaint letters of 14 December and 30 January and determine if there is reasonable cause to suspect that her sisters are suffering, or likely to suffer, significant harm, and whether enquiries must be made and the children assessed under section 47 of the Children Act 1989.
36. The Council should provide us with evidence it has complied with the above actions.

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Final decision

37. There was fault by the Council. The actions the Council has agreed to take remedy the injustice caused. I have completed my investigation.

Investigator’s decision on behalf of the Ombudsman

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Investigator's decision on behalf of the Ombudsman