Summary: We will not investigate Ms X’s children services complaint as we are unlikely to find fault.

The complaint

1. Ms X complains about the Council’s children services’ actions and says it has not carried out the recommendations made by its complaints’ review panel.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide:
• there is not enough evidence of fault to justify investigating; or
• we could not add to any previous investigation by the organisation; or
• further investigation would not lead to a different outcome. (Local Government Act 1974, section 24A(6), as amended, section 34(B))
3. The law says we cannot normally investigate a complaint unless we are satisfied the organisation knows about the complaint and has had an opportunity to investigate and reply. However, we may decide to investigate if we consider it would be unreasonable to notify the organisation of the complaint and give it an opportunity to investigate and reply. (Local Government Act 1974, section 26(5), section 34(B)6)

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How I considered this complaint

4. I considered information provided by Ms X and Council’s replies to her complaint.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. The Court ordered the Council should care for Ms X’s children. Ms X complained to the Council in August 2024 about communication with her and the Council involving her in her children’s lives. The Council replied to her complaint within its Children Act statutory complaints’ procedure.
7. The law sets out a three-stage procedure for councils to follow when looking at specific complaints about children’s social care services.
8. The first stage of the procedure is local resolution. Councils have up to 20 working days to respond.
9. 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.
10. Following the investigation, a senior manager (the adjudicating officer) at the Council should carry out an adjudication. The officer considers the IO report and any report from the IP. They decide what the Council’s response to the complaint will be, including what action it will take. 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.
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.
12. Ms X’s complaint was considered at all three stages and finished in October 2025.
13. 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, if a council has investigated something under the statutory children’s complaint process, the Ombudsman would not normally re-investigate it. There are no reasons to do so here.
14. The stage three review panel recommended the Head of Service meet with Ms X and discuss the Council’s duties with looked after children. Ms X complained to us within a month and said the Council had not done this. She has confirmed it now has. Our investigation could achieve nothing further.
15. Ms X says the Council agreed in the meeting to carry out some action which she says it has not done so. Ms X needs to complain about this to the Council and complete its complaint process before we could consider it.

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Final decision

16. We will not investigate Ms X’s complaint because we are unlikely to find fault.

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Investigator's decision on behalf of the Ombudsman